Murugan v. The Joint Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.02.2024

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Murugan ... Petitioner -Vs1. The Joint Director, School Education Department, No.17, DPI Campus, College Road Subba Road Avenue, Nungambakkam, Chennai - 600034.

2. The Chief Educational Officer, O/o. The Chief Educational Office, Villupuram District, Villupuram.

3. The Head Master, Gandhi Kamala Nehru Government High School, Kooteripattu, Villupuram District - 604 302.

... Respondents Prayer : Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondents to permit the petitioner to join duty in the third respondent school on the basis of the Petitioner's representation dated 11.08.2023, 11.09.2023, 20.12.2023.

For Petitioner : Mr.M.Gnanasekar For Respondents : Mrs.S.Mythereye Chandru Special Government Pleader

ORDER

This writ petition has been filed for direction directing the respondents to permit the petitioner to join duty in the third respondent school on the basis of the Petitioner's representation dated 11.08.2023, 11.09.2023, 20.12.2023.

2. Heard the learned counsel on either side and perused the materials available on record.

3. The petitioner was originally appointed as BT Assistant on 26.09.2014. While he was working in the third respondent school, he involved in a criminal case, which resulted in registration of FIR in Crime No.47 of 2022 for the offences under Section 406, 420, 109 and 120(B) of IPC, on 29.12.2022, on the complaint lodged by one Mannulingam, in which the petitioner was arrayed as A6. Therefore, the petitioner did not report duty. He obtained Anticipatory Bail in Crl.O.P.No.7265 of 2023, before this Court, by an order dated 08.08.2023. After execution of bond, he was released on bail. Thereafter, the petitioner submitted a representation seeking permission to join duty. Admittedly, the petitioner failed to report duty from 29.12.2022 to

08.08.2023. The petitioner did not even apply for any leave.

4. Therefore, the request made by the petitioner seeking permission to join duty after a period of nearly two years cannot be considered. The respondents are at liberty to initiate disciplinary proceedings as against the petitioner, in the manner known to law.

5. Accordingly, this writ petition stands dismissed. Consequently, connected Miscellaneous petition is closed. There shall be no order as to costs. 15.02.2024 Internet: Yes Index : Yes/No Speaking/Non Speaking order mn

G.K.ILANTHIRAIYAN. J, mn To

1. The Joint Director, School Education Department, No.17, DPI Campus, College Road Subba Road Avenue, Nungambakkam, Chennai - 600034.

2. The Chief Educational Officer, O/o. The Chief Educational Office, Villupuram District, Villupuram.

3. The Head Master, Gandhi Kamala Nehru Government High School, Kooteripattu, Villupuram District - 604 302.

15.02.2024