Madras High Court
WA/318/2024 of KB.NIDHEESH Vs THE VICE CHANCELLOR IN CHARGE on 8 September 2026
W.A.NO.318 OF 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.09.2026
CORAM
THE HON’BLE MR.JUSTICE S.M.SUBRAMANIAM
AND
THE HON’BLE MR.JUSTICE KRISHNASWAMY GOVINDARAJAN
W.A.NO.318 OF 2024
KB Nidheesh
…
Appellant
Vs.
1.The Vice Chancellor
Pondicherry University
Puducherry.
2.The Registrar-in-Charge
Pondicherry University
Puducherry.
3.The Deputy Registrar (Administration)
Pondicherry University
Puducherry.
…
Respondents
PRAYER: Writ Appeal filed under Clause 15 of the Letters Patent, praying to set aside the order dated 11.09.2023 passed in W.P.No.31322
of 2012.
For Appellant
:
Ms.A.L.Ganthimathi
Senior Counsel
for Mr.L.Palanimuthu
For Respondents
:
Mrs.A.V.Bharathi
W.A.NO.318 OF 2024
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J U D G M E N T
(Judgment of the Court was made by S.M.Subramaniam, J.) The present intra-court appeal has been instituted by the writ petitioner. The writ petition has been instituted challenging the order of punishment of stoppage of increment for five years without cumulative effect and not to promote the appellant.
2. The appellant was appointed as Lecturer in the Department of Commerce in the respondents University on 15.09.2006. While serving as Assistant Professor, he submitted his M.Phil., thesis. The Competent Authority of the University found certain irregularities relating to plagiarism and issued a charge memo on 17.06.2011. After receiving explanation from the appellant, an enquiry was conducted. The Writ Court, after considering the documents relating to the enquiry, found that the appellant had unequivocally admitted the mistake and sought for an apology. Since the appellant admitted the guilt, the Authority, instead of imposing the major penalty of dismissal from service, imposed the penalty of stoppage of increment for five years, without cumulative effect. Plagiarism is a serious misconduct and taking note of the explanation, the Authorities imposed the lesser punishment.
W.A.NO.318 OF 2024
3. The learned Senior Counsel Ms.A.L.Ganthimathi, appearing on behalf of the appellant would submit that the appellant has not admitted the guilt. However, reading of the appellant’s explanation would show that he has understood the mistake committed by him and sought for an apology. Even presuming that the appellant has not admitted the charges, in the present case, rules of natural justice have been complied with and a charge memo came to be issued. An enquiry was conducted by affording opportunity to the appellant, who in turn, defended his case. Considering the fact that the charge relating to plagiarism was held proved, the punishment of stoppage of increment was imposed. The punishment imposed cannot be said to be disproportionate to the gravity of the charges proved before the Enquiry Officer. Thus, this Court does not find any reason to interfere with the writ order impugned, which is well reasoned. Consequently, the writ appeal stands dismissed. No costs. [S.M.S., J.] [K.G.R., J.]
08.09.2026 Index : Yes / No Speaking Order : Yes / No Neutral Citation : Yes / No TK
W.A.NO.318 OF 2024
S.M.SUBRAMANIAM, J. AND KRISHNASWAMY GOVINDARAJAN, J. TK To
1. The Vice Chancellor Pondicherry University Puducherry.
2. The Registrar-in-Charge Pondicherry University Puducherry.
3. The Deputy Registrar (Administration) Pondicherry University Puducherry. W.A.NO.318 OF 2024 08.09.2026