Manokaran v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.03.2024

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.No.7178 of 2024 Manokaran ....

Petitioner Vs 1.The District Collector, 2.The Director, Department of School Education, DPI Campus, College Road, Nungambakkam, Chennai.

3.The Chief Education Officer, 4.The District Education Officer, ....

Respondents Prayer : Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, to direct the respondents to consider the petitioner's representation dated 17.01.2024 to initiate disciplinary action against Mr.A.Nelson Cornelius for the violation of the Tamil Nadu Government Servants Conduct Rules. 1/4

For Petitioner : Mr.M.Krishnamoorthy For R1 : Mr.R.Kumaravel Additional Government Pleader For R2 to R4 : Mrs.S.Mythreye Chandru Special Government Pleader

ORDER

This Writ Petition has been filed for a direction directing the respondents to consider the representation submitted by the petitioner dated 17.01.2024.

2. Heard Mr.M.Krishnamoorthy, learned counsel appearing for the petitioner, Mr.R.Kumaravel, learned Additional Government Pleader appearing for the first respondent and Mrs.S.Mythreye Chandru, learned Special Government Pleader appearing for the respondents 2 to 4 and perused the materials available on record.

3. The petitioner was a member of CSI Erode-Salem Diocese. One person called name A.Nelson Cornelius was working as Lab Assistant in the CSI Boys Higher Secondary School, Salem and he is also an Executive Member of CSI Erode-Salem Diocese and acting as Treasurer as well as Secretary of CSI Lechler Memorial Church, Salem. 2/4

Therefore, the petitioner submitted a representation to take appropriate action as against him. According to the petitioner, a person cannot be a Member of a Diocese and also be employed in a School.

4. The issue in question had already been decided by this Court that a staff can be a member and hold post in their respective association. Therefore, the representation submitted by the petitioner cannot be considered. Thus, the writ petition is devoid of merits and is liable to be dismissed.

5. Accordingly, this Writ Petition stands dismissed. No costs. 20.03.2024 Internet : Yes/No Index:Yes/No Speaking Order/Non-speaking order Lpp To 1.The District Collector, 3/4

G.K.ILANTHIRAIYAN, J.

Lpp 2.The Director, Department of School Education, DPI Campus, College Road, Nungambakkam, Chennai.

3.The Chief Education Officer, 4.The District Education Officer, W.P.No.7178 of 2024 20.03.2024 4/4