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Samuel Tennyson v/s The Principal & Secretary, Madras Christian College (Autonomous), Tambaram East, Chennai & Another

    W.P.No. 15145 of 2019

    Decided On, 20 August 2019

    At, High Court of Judicature at Madras

    By, THE HONOURABLE MR. JUSTICE S. VAIDYANATHAN

    For the Petitioner: V. Vijay Shankar, P. Sam Japa Singh, Advocates. For the Respondents: R1, John Zachariah, R2, M/s. Sai Raaj Asso., Advocates.



Judgment Text

(Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Certiorarified Mandamus to call for the records pertaining to the “Finding of Fact” given by Committee of Enquiry (Internal Complaints Committee), Madras C

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hristian College - Tambaram, dated 17th April, 2019, in so far as the petitioner is concerned, on the file of the second respondent and the consequential Second Show Cause Notice dated 24th May 2019 on the file of the first respondent and quash the same.)

This matter is listed today under the caption “For Being Mentioned” at the instance of the learned counsel for the 1st Respondent.

2. It is represented by Mr.John Zachariah, learned counsel appearing on behalf of Madras Christian College / R1 that when the order dated 13.08.2019 is passed in favour of the 1st Respondent / College, the observation made in Paragraph No.32 may not be relevant to the present context, as the said observation is highly detrimental to the interest of the entire Christian Institutions, which are rendering yeoman services to the society and therefore, those observations may be removed / expunged, as the present case does not warrant such observation. He has further represented that there may be one or two stray incidents prevalent in the religion and the same cannot be taken in its entirety as a base to form such an observation.

3. When this Court posed a question as to whether this Court can remove Paragraph No.32 at this stage in the absence of any Review Petition before this Court, as this Court becomes functuous officio after signing of the order, it was replied that there is no request for reviewing the entire order and a particular observation, which is general in nature is sought to be removed and such removal will not in any way alter the findings / decisions of this Court and therefore, there is no bar for this Court to remove the Paragraph No.32, which is inapplicable to the present case on hand, especially when those points were not at all urged, canvassed, advanced or discussed by either of the counsel at the time of argument in the Open Court

4. In view of the above submission and considering the fact that the general observation in Paragraph No.32 has been made by this Court after the result portion, which will not at any cost affect the findings / substance / contents of the order, the said Paragraph No.32 of the order dated 13.08.2019 is hereby deleted.

5. Registry is directed to issue a fresh copy of the order after removing the Paragraph No.32 of the order dated 13.08.2019 and by suitably altering the number of subsequent paragraphs.

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