S.Jeeva, v. The Director Of Elementary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:22.03.2016

CORAM

THE HON'BLE MR.JUSTICE T.RAJA W.P.No.10586 of 2016 and W.M.P. No.9277 of 2016 S.Jeeva .. Petitioner vs 1.The Director of Elementary Education, DPI Complex, Chennai-6.

2.The Chief Educational Officer, Vellore.

3.The District Elementary Educational Officer, Vellore.

4.Jothi .. Respondents Writ petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of mandamus directing respondents 1 to 3 to take appropriate departmental action against the fourth respondent for her involvement in criminal case within the time prescribed by this Court. For Petitioner : Mr.M.Muthappan For Respondents: Mr.R.Vijayakumar, Additional Government Pleader for R1 to R3

O R D E R

This writ petition has been filed by the petitioner, S.Jeeva, who is presently working as Carpenter and married with one Jothi/the fourth respondent herein, a Secondary Grade Teacher, Municipal Middle School, Bhuson Nagar, Salavanpettai, Vellore, seeking a writ of mandamus, directing respondents 1 to 3 to take appropriate departmental action against the fourth respondent for her involvement in criminal case within the time prescribed by this Court.

2.The grievance of the petitioner is that he having met with an accident, lost his right eye and also suffered a fracture in his left leg. However, he has been working as a Carpenter in Chennai. As the petitioner was far away from his family, it appears that the fourth respondent had developed illicit intimacy with one Chandrasekar for which the petitioner has made a police complaint at Kadpadi Police Station and a case was registered in Crime No.480/2015 under Sections 294-b, 323, 324 and 506(ii) IPC. and in the said complaint, the fourth respondent has been arrayed as A2. In view of the involvement of criminal case by the fourth respondent, the petitioner made a representation dated 01.02.2016 before the third respondent to take appropriate action against the fourth respondent departmentally for her attitude, which amounts to moral turpitudes of the service. As there was no response from the respondents, the petitioner is before this Court. 3.Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for respondents 1 to 3.

4.In the light of the limited relief sought for in the writ petition, without going into the merits of the case, the third respondent is directed to consider the petitioner's representation dated 01.02.2016 and pass orders, on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order.

5. Accordingly, this writ petition is disposed of. No costs. Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar vga

To 1.The Director of Elementary Education, DPI Complex, Chennai-6.

2.The Chief Educational Officer, Vellore.

3.The District Elementary Educational Officer, Vellore.

+1cc to Mr.M. Muthappan, Advocate, S.R.No.18201 +1cc to the Government Pleader, S.R.No.18381 KK(CO) EU(12/04/2016) W.P.No.10586 of 2016