HC stays governing body resolution of college
MADURAI, FEBRUARY 22, 2019 00:00 IST
The Madurai Bench of the Madras High Court on Thursday granted interim injunction against a resolution passed by the governing body of MSS Wakf Board College here. It is said that N. Jamal Mohaideen, the then secretary (in charge), had himself taken part in a resolution concerning his removal and passed an order in his favour.
A public interest litigation petition filed before the High Court Bench here by A. Mahaboob Batcha said that in 2003, Jamal Mohaideen, the then secretary and correspondent, had indulged in “large-scale misappropriation of funds, mismanagement of grants given to the college and its property” and was also involved in a case of sexual harassment.
Following the allegations, he was removed from the post. However, on the recommendation of the Tamil Nadu Waqf Board Chairman A. Anwar Raja, he was nominated as correspondent and secretary (in charge) until reconstitution of the college board in 2017. He participated in a resolution concerning his removal and settled the issue in his favour.
It is a settled principle of law that a person who has a direct interest in the subject matter cannot be a part of the decision making process and any involvement of such person would vitiate the decision, the petitioner said and sought an injunction.
A Division Bench of Justices N. Kirubakaran and S.S. Sundar granted the interim injunction and adjourned the hearing. The High Court Bench had already granted an injunction against Jamal Mohaideen from discharging his duties as secretary (in charge)
. Following allegations of a multi-crore recruitment scam at the college that allegedly involved Jamal Mohaideen, Anwar Raja and Labour and Employment Minister Nilofer Kafeel, the court ordered a CBI probe.
MADURAI, FEBRUARY 22, 2019 00:00 IST
The Madurai Bench of the Madras High Court on Thursday granted interim injunction against a resolution passed by the governing body of MSS Wakf Board College here. It is said that N. Jamal Mohaideen, the then secretary (in charge), had himself taken part in a resolution concerning his removal and passed an order in his favour.
A public interest litigation petition filed before the High Court Bench here by A. Mahaboob Batcha said that in 2003, Jamal Mohaideen, the then secretary and correspondent, had indulged in “large-scale misappropriation of funds, mismanagement of grants given to the college and its property” and was also involved in a case of sexual harassment.
Following the allegations, he was removed from the post. However, on the recommendation of the Tamil Nadu Waqf Board Chairman A. Anwar Raja, he was nominated as correspondent and secretary (in charge) until reconstitution of the college board in 2017. He participated in a resolution concerning his removal and settled the issue in his favour.
It is a settled principle of law that a person who has a direct interest in the subject matter cannot be a part of the decision making process and any involvement of such person would vitiate the decision, the petitioner said and sought an injunction.
A Division Bench of Justices N. Kirubakaran and S.S. Sundar granted the interim injunction and adjourned the hearing. The High Court Bench had already granted an injunction against Jamal Mohaideen from discharging his duties as secretary (in charge)
. Following allegations of a multi-crore recruitment scam at the college that allegedly involved Jamal Mohaideen, Anwar Raja and Labour and Employment Minister Nilofer Kafeel, the court ordered a CBI probe.
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