C.Venkatesan v. State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.11.2023

CORAM:

THE HONOURABLE MS.JUSTICE R.N.MANJULA W.P.No.8070 of 2020 and C.Venkatesan, Drawing Teacher, ...

Petitioner versus 1.State of Tamilnadu, Represented by its Secretary, Fort St. George, Chennai - 600 001.

2.The Joint Director of School Education, 3.The Chief Educational Officer, 500, Raja Street, Near Five Corner, Town Hall, Coimbatore - 641 001.

4.The Head Master, Government High School, Parali Power House,Coimbatore - 641 104.

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5.The Head Master, 6.The School Education Commissioner, ...

Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus, calling for the records of the 3rd respondent in passing of an order of Censure dated 05.03.2019 in Na.Ka.No.14425/A1/2013 and quash the same and directing the 3rd respondent to consider exonerating the charges against the petitioner in view of the judgment passed by the District Munsif cum Judicial Magistrate Court, Mettupalayam dated 21.08.2018 in Cr.No.03/2013. For Petitioner :

M/s.R.J.Radhika For Respondents :

Mr.T.Chezhiyan Additional Government Pleader

O R D E R

The petitioner has been given with the punishment of censure subsequent to the disciplinary proceedings initiated against him has filed this Writ Petition seeking a direction to consider the appeal filed by him. 2.

Heard M/s.R.J.Radhika, learned counsel for the petitioner, Mr.T.Chezhiyan, learned Additional Government Pleader for the respondents and perused the materials available on record. 2/5

3.

The short grievance of the petitioner is that his appeal has not been considered so far.

4.

Since the petitioner has only invoked his statutory remedy of filing an appeal, it shall be obligatory on the part of the appellate authority to consider the same and pass orders in accordance with law. If the petitioner's appeal has not been filed in time, the petitioner is at liberty to file an application to condone the delay.

5.

With the above observation, this Writ Petition is disposed. No costs. Consequently, connected Miscellaneous Petitions are closed. 29.11.2023 Speaking order / Non-speaking order Index : Yes / No : Yes / No sri 3/5

To 1.The Secretary, State of Tamilnadu, Fort St. George, Chennai - 600 001.

2.The Joint Director of School Education, 3.The Chief Educational Officer, 500, Raja Street, Near Five Corner, Town Hall, Coimbatore - 641 001.

4.The Head Master, Government High School, Parali Power House, Coimbatore - 641 104.

5.The Head Master, 6.The School Education Commissioner, 4/5

R.N.MANJULA , J.

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