M.Subramoniam v. The Appellate Authority Cum

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.02.2023 C O R A M THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Mr.M.Subramoniam ... Petitioner Vs.

1. The Appellate Authority cum School Education Joint Director, DPI Premises, Chennai-600006.

2. The Secretary, P.J.Gupta's High School, 51/193, MTH Road, Ambattur, Chennai-600 053. ... Respondents PRAYER: The Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ, Order or Direction particularly in the nature of Writ of Mandamus by directing the First Respondent to pass orders on th Appeal dated 26.03.2022 sent by the Petitioner to them within the time frame stipulated by this Hon'ble Court.

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For Petitioner : M/s.Rajeni Ramadass For Respondents : Mrs. M.Jayanthi, Additional Government Pleader for R1.

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O R D E R

This Writ Petition has been filed for issuance of a Writ of Mandamus directing the 1st respondent to pass orders in the appeal filed by the petitioner on 26.03.2022 within the time frame fixed by this Court.

2. The case of the petitioner is that he joined the 2nd respondent School as a Secondary Grade Teacher in the year 1996. Based on the complaint received against the petitioner, the 2nd respondent initiated disciplinary proceedings and the petitioner was suspended from service on 23.07.2021. The petitioner gave his reply and without considering the same, the punishment was imposed against the petitioner through proceedings dated 10.02.2022 and a punishment of stoppage of increment with cumulative effect for 6 years was imposed and the same was directed to be deducted from his pension post his retirement. Aggrieved by the same, the petitioner filed an appeal before the 1st respondent and the same is pending. Hence, the petitioner has approached this Court for a 2/4

direction to the 1st respondent to dispose of the appeal within the time frame fixed by this Court.

3. Heard Ms.Rajeni Ramadass, the learned counsel appearing on behalf of the petitioner and Mrs.M.Jayanthi, learned Additional Government Pleader appearing for the 1st respondent.

4. Taking into consideration the limited relief sought for in this Writ Petition and without going into the merits of the case, there shall be a direction to the 1st respondent to deal with the appeal filed by the petitioner on 26.03.2022 on merits and in accordance with law and a final decision shall be taken by the 1st respondent within a period of eight weeks from the date of receipt of a copy of this order. The 1st respondent while deciding the appeal shall also give an opportunity to the 2nd respondent.

5. This Writ Petition is disposed of with the above direction. No Costs. 13.02.2023 Speaking Order/Non-Speaking Order.

Internet : Yes/No.

Index: Yes/No.

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N.ANAND VENKATESH, J.

nhs To

1. The Appellate Authority cum School Education Joint Director, DPI Premises, Chennai-600006.

2. The Secretary, P.J.Gupta's High School, 51/193, MTH Road, Ambattur, Chennai-600 053.

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