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TMI Blog1965 (11) TMI 68X X X X Extracts X X X X X X X X Extracts X X X X ..... oner has come to this court with a petition under article 226 with a prayer that the proceedings against her may be quashed. In the affidavit accompanying her petition, she denies the substance of the charges. She further alleges that there are no valid reasons for placing her under suspension. She claims that hen request to allow her father to be present at the enquiry proposed to be conducted has been refused and that this denial prevents her from effectively and fully defending herself, the more so for the reason that she herself had complained of an attempt at misbehaviour on the part of a superior employee. On behalf of the Corporation, it is stated that the complaint of the petitioner against the said Paramasivam was examined and fo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... icate must be deemed to have the power and indeed the duty to recommend suitable cased for exemption to the university. But it was accepted that the university is a public body which is vested with such power. This decision did not examine the question of the scope of the writ jurisdiction in general with reference to non-statutory organisations, though they might be public bodies in the sense that a public company is a species of a public body. In Vasudevan v. S.N.D.P. Yogam AIR 1958 Ker. 164, the learned judges observed that merely because the disciplinary proceedings are by a domestic tribunal, the High Court is not denied of its jurisdiction to interfere under article 226: Here again, they did not decide the question, for finally th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ct. The fact that the company is wholly government-owned does not alter its character in the eye of law. For the reason that it is government-owned, it does not purport to exercise any authority conferred upon it by the Government. It is not performing any statutory duties. Mr. S. Gopalaratnam, learned counsel for the respondents, has referred to Nagabhushana Reddi, In re [1950] 2 MLJ 278 in which a writ of prohibition sought against the All India Congress Committee in connection with its proceedings for election was refused. Lakshmiah Reddiar v. Sriperumbudur Taluk Co-operative Marketing Society Ltd. [ 1961] 2 MLJ 279 dealt with the proceedings of the board of directors of a co-operative society. The board was considering the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oration is entirely separate from that of its shareholders. Unless Mr. Ramaswami is able to show that all the administrative actions of the corporation are controlled by the Government, he cannot successfully establish that the corporation is a public authority. Nor am I satisfied that the proceedings of a domestic tribunal of a private body can be brought under challenge under article 226. It is impossible to say that when an employer is engaged in taking disciplinary proceedings against his employee, he is deciding any rights whatever. I am accordingly of the opinion that the petition has to fail on the ground that the writ jurisdiction of this court cannot be extended to a case of this kind. The petition is dismissed, but there will be ..... X X X X Extracts X X X X X X X X Extracts X X X X
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