IN THE HIGH COURT OF JUDICATURE AT MADRAS

(Special Original Jurisdiction)

W. P.No: 7162 of 2019

Dr.K.G.Senthilvasan
Associate Professor
Department of Corporate Secretaryship
Erode Arts and Science college
Erode - 638009. … petitioner

The Registrar(I/c)
Bharathiar University
Coimbatore. …Respondent

Counter affidavit filed by the respondent

I, __________, S/o. ___________, Hindu, aged about ___ years,

working as the ____________ Bharathiar University, Coimbatore,
do hereby solemnly affirm and sincerely state as follows:-
1. I am the __________ the Respondent herein and as
such I am well acquainted with the facts of the case from the
available records.

2. I have read the affidavit filed by the petitioner in support of the

Writ Petition and deny all the allegations contained therein
except those that are specifically admitted herein.
3. I respectfully submit that a Writ of Mandamus has been filed by
the Petitioner herein to direct the Respondent to drop further
action against the petitioner consequent to the issue of the
memorandum No. Estt/E5/1148/10062-1/2018 dated 19.6.2018
by considering the explanation of the petitioner dated 4.10.2018.
4. It is respectfully submitted by the counsel for respondent that,
on 1.8.2015 the committee enquired the persons who were
involved in the theft of the used answer scripts. The committee
considering the general perception about the persons involved in
the episode at the officers complaint,the committee unanimously
came to suspend Mr.Angannan an Mr.baskaran.since the loss has
occurred under the direct control of COE,Dr.C.R.Gladys Leema
Rose was ordered to compensate the loss. Though committee has
also recommended to drop the name of Dr.K.G.Senthilvasan,as
per the letter received from the controller of
examinations(COE),his involment is not substantiated from the
enquires made from the employees.Based on this,an enquiry is to
be convened newly along with three other members.
5. I humbly submit before this honorable court that,During the year
2015 Dr.K.G.Senthilvasan and Dr.C.R.Gladys Leema Rose who
were working as registrar and controller of examination have sold
answer scripts and card board boxes to Thiru.Murugan, THe
proprietor of Murugan waste paper without inviting a competitive
tender during the absence of the vice-chancellor.they sold the old
scripts for lesser price of Rs.15/-per kg which was comparatively
less than the previous year were the answer scripts were sold for
Rs21.50/-per Kg.Hence the university met a huge loss of
Rs.10,15,397/-

6.Dr.K.G.Senthilvasan has stated that the duties and

responsibilities are beyond his control with the disposal of old
answer scripts and it was assigned to the purchase committee on
examination and to the Controller of Examination and hence the
Registrar has no role to play and so he has requested to drop the
charge memo which was framed against him.Dr.C.R.Gladys
Leema Rose who has joined as controller of examination recently
during that period, under the guidence of Dr.K.G.Senthilvasan was
responsible for the above issue.it is to be noted that she has
issued the gate pass on the request based on the Registrar on
1.8.2015 to take the waste boxes(not waste papers).but the gate
were used to carry the waste paper lots.He has guided and
directed D.r.C.R.Gladys Leema rose on day-today operation and
exploited her.
 As per the statues of Bharathiar
University,Chapter VII, statues I [Amendment] under Financial
powers of the registrar it is given as follows:
28.He shall sanction the indents for stationary articles from
the university stored or to purchase them from Government or Co-operative stores.
29.He shall call for quotations and tenders whenever
necessary and prepare comparative statement,scrutinse the quotations and tenders
in consultation with the finance officer and make recommendations to the vice-
chancellor for accepting tender/quotation or otherwise.
30.He shall sign contracts and other agreements on behalf of
the university under the direction if the vice-chancellor or syndicate.

As per the Bharathiar University Act,1981(Tamil Nadu Act 1 of

1982)under chapter II(The University) under SI.No.14,
It shall be the duty of the Registrar,
(a) To be the custodian of the records, the common
seal and such other property of the university as the Syndicate shall commit to is
charge.

7. i humbly submit that the Registrar is the custodian of the

university’s property. Hence the role of Dr.K.G.Senthilvasan is
major in selling of old answer scripts and waste papers.so the
question of dropping his name in the above issue does not arise. It
is also to be noted that in the enquiry committee
Dr.K.G.Senthilvasan and Dr.C.R.Gladys Leema Rose both
accused each other.

8. A stay was obtained by Dr.C.R.Gladys Leema Rose at Hon’ble

High court of madras in W.P.No.29220 of 2018 and subsequently
the case was dismissed on 27.2.2019. hence a communication
was sent to the Enquiry officer to conduct enquiry,but Enquiry
officerin his letter dated 8.4.2019 has expressed his inability to
serve has Enquiry officer to enquire these four officials.Hence a
new Enquiry officer has been appointed to enquire the said four
officials inconnection with the disposal of old answer scripts and
waste papers during 2015.Meanwhile Dr.C.R.Gladys Leema Rose
has filed a writ appeal against the dismissal order dated 27.2.1019
in WP.No.29220 of 2018 in which the Hon’ble High Court of
Madras has passed the orders as follows:
“thought we permit the enquiry to go on as scheduled, no adverse arders
shall be passed against the appellant without specific orders from this court”.

9. It is humbly submitted before this Hon’ble court that,

Dr.K.G.Senthilvasan has colluded with Dr.C.R.Gladys Leema
Rose along with two other officials in the disposal of the old
answer scripts and waste paper during 2015.hence charge
memos has been issued to all the four officials .two charges has
been framed against Dr.K.G.Senthilvasan, one for selling of old
answer sheets without inviting competitive tenders and the other
one is issuing the gate pass. It is to be noted that, purchase
committee has called for tender in selling of old answer scripts
during the year 2015. the committee decided to give the order to a
particular concern.but during the disposal of old answer scripts the
paper were taken away by a concern which was not comprised in
the lost of concerns called for tender . As the Registrar is the
custodian of the university property, he is responsible for the loss
incurred in connection with the said issue.

10. Dr.K.G.Senthilvasan has mentioned the impugned charge

memo was framed and issued to him by the incharge Registrar.
Also he has stated that the respondent here is not the
competent authority to initiate disciplinary action against the
Registrar,as he is an equivalent authority. As per the Acts and
Statues of Bharathiar university under Act Statute1(3) states:
“when the office of the Registrar is vacant o when the Registrar is by
reason of illness, absence or any other cause, unable to perform the duties of his
office, the duties of the Registrar shall be performed by such person as the Vice-
Chancellor may appoint for the purpose”.

It is informed that at the time of issuance of charge memo to

Dr.K.G.Senthilvasan he was only a former Registrar of
Bharathiar university.
11.it is submitted that, for the purchase of Rs.10,001/-to
Rs.50,000/- sealed quotation has to be obtained.For amount
exceeding rs.10 lakhs open tender in the news paper has to be
followed. But without calling for tender ,the Registrar in the
absence of the Vice-Chancellor along with the Controller of
Examination has sold the old answer scripts to
thiru.Murugan,the proprietor of Murugan Waste paper.

12. Dr.K.G.Senthilvasan has stated that purchase committee on

Examination section was constituted where is not at all a
member in that committee.Further the purchase committee is
responsible for purchasing materials for the examination
section in which he has no role to play.Hence during the
absence of the Vice-chancellor, the Registrar should have
called foe a tender in connection with disposal of old answer
scripts.Without going for a tender the registrar alone with the
Controller of Examination have sold the answer scripts for a
lesser price of Rs.15/-per kg which is comparatively lesser than
last year were the answer scripts were sold for Rs.21.50/-
Kg.hence university met with huge loss of Rs.10,15,397/-.
13. In the Enquiry committee meeting held on 27.4.2017,the
following observation has been made:
3)Dr.K.G.Sendhilvasan had hidden most of the
facts raised by the committee in the earlier sitting ad he stated
that he was not involved in the entire process.

4)it has also been observed that the

employees Mr.s.Baskaran,ASO,Mr.S.Angannan,Assistant and
Mr.Manojkumar, Daily wage staff were handled by
Dr.K.G.Senthilvasan favorably to his expectation.

14. Further in the enquiry committee meeting held

on4.1.2018,the committee recommends the following:
 3) It is obvious that Dr.K.G.Senthilvasan,
Mr.s.Baskaran and Mr.S.Angannan played an vital role in this
scandal hence the Controller of Examination alone cannot be
focused while Registrar was in charge of the office for office for
issuing gate pass for the movement and disposal of wste paper.

Hence an enquiry Committee is to be constituted at the earliest

and the new Enquiry officer has been appointed to discuss the
above issue.