K.Ponnusamy v. The Director Of School Education,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.02.2025

CORAM

THE HON'BLE Mr. JUSTICE C.V.KARTHIKEYAN K.Ponnusamy .. Petitioner Vs.

1. The Director of School Education, D.P.I. Campus Road, Chennai - 600 006.

2. The Chief Educational Officer, Bharathiyar Salai, Near Bharat Scouts, Bharathiyar Salai,

3. The District Educational Officer, Bharathiyar Salai, Near Bharat Scouts, Bharathiyar Salai,

4. The Headmaster, Government Boys Higher Secondary School, Paradarami, .. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India

praying to issue a Writ of Mandamus, directing the second respondent to consider the petitioner's representation dated 20.11.2024 to revoke the suspension order issued by the second respondent in his proceedings in Rc.No.2358/A/3/2024 dated 14.06.2024 and permit the petitioner to resume his work within stipulated period.

For Petitioner : Mr.M.Sathish Kumar For Respondents : Mrs.S.Mythreye Chandru, Special Government Pleader

ORDER

This Writ Petition has been filed in the nature of a Mandamus, seeking a direction to the second respondent to consider the representation dated 20.11.2024 and to revoke the order of suspension issued by the second respondent by order dated 14.06.2024, as against the petitioner herein.

2. In the affidavit filed in support of the writ petition, it had been stated that the writ petitioner had initially joined service as B.T. Assistant (Maths) on 08.10.2007 and the services were regularized on 08.10.2009. At the time of filing of the writ petition, he had been serving as B.T. Assistant (Maths) in the fourth respondent School.

3. During to various reasons, an FIR had been registered as against the petitioner herein on 12.06.2024 in Crime No.122 of 2024 by the SubInspector of Police, Panamadangi Police Station, Vellore District, for offences punishable under Sections 294(b), 324, and 506(2) of IPC and 3(2)(va) of the Scheduled Caste and the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015. The petitioner was thereafter placed under suspension with effect from 12.06.2024 by order dated 14.06.2024.

4. The respondents are directed to initiate necessary disciplinary proceedings in the manner known to law and the petitioner must participate in the same. The respondents may take a decision on the representation whether the petitioner would hamper the progress in the disciplinary proceedings or the investigation in the aforementioned Crime number. The respondents must take a decision on the representation subject to the consideration of all factors and pass necessary orders. The said order on the representation should be passed within a period of two months from the date of receipt of a copy of this order. It is made clear that the petitioner, in his own interest, may co-operate with the enquiry proceedings and if he does

not, the respondents may record that fact also as a reason in the order.

5. With the above observations, this Writ Petition is disposed of. No costs.

10.02.2025 Index:Yes/No Internet:Yes/No Neutral Case Citation: Yes/No kv To

1. The Director of School Education, D.P.I. Campus Road, Chennai - 600 006.

2. The Chief Educational Officer, Bharathiyar Salai, Near Bharat Scouts, Bharathiyar Salai,

3. The District Educational Officer, Bharathiyar Salai, Near Bharat Scouts, Bharathiyar Salai,

4. The Headmaster, Government Boys Higher Secondary School, Paradarami,

C.V.KARTHIKEYAN,J.

kv 10.02.2025