Md. Abdul Qadir v. The Quaide Milleth College

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.08.2017 CORAM :

THE HONOURABLE MR. JUSTICE S.M. SUBRAMANIAM W.P. No.23378 of 2017 and W.M.P. Nos.24470 to 24472 of 2017 Md. Abdul Qadir ..Petitioner Vs.

1.The Quaide Milleth College for Men, (Education Agency) Represented by its Secretary & Correspondent Mr.M.G. Dawood Miakhan, Tambaram Velacherry Main Road, Medavakkam, Chennai - 600 100.

2.S. Fazal Abbas, Enquiry Officer, No.33, Anjuman Street, Fort, Vellore - 632 004.

3.The Director of Collegiate Education, 9th Floor, EVK Sampath Building, College Road, Nungambakkam High Road, Chennai - 600 034.

4.The Regional Joint Director of Collegiate Education, Chennai Region, Teachers College Campus, Saidapet, Chennai - 600 015.

5.Principal Accountant General, 'Lekhan Pariksha Bhavan', No.361, Anna Salai, Teynampet, Chennai - 600 018.

.. Respondents PRAYER:

Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus, calling for the enquire records pertaining to the proceedings (a) Na.Ka.No.Ka.Mi.Ka/O.Na/2014/1304, dated 10.12.2014, (b)

Rc.No.A/Est/DP/2015/1337 dated 31.01.2015 and c) Rc.No.Qmc/2015/DP/MAQ dated 01.07.2017, all three proceedings issued by the 1st respondent and to quash the same and consequently direct the 1st, 3rd to 5th respondents to grant all monetary, pensionary benefits, terminal dues as per the petitioner's entitlements.

For Petitioner : Mr. V.J. Arul Raj For Respondents : Mr.R.S. Selvam Government Advocate for R3 & R4 Mr.V. Vijayshankar for R5

O R D E R

The charge memo dated 10.12.2014, issued against the writ petitioner and the consequential orders dated 31.01.2015 and 01.07.2017, retaining the services of the writ petitioner are challenged in this writ petition.

2.

After arguing the matter for a considerable length of time this Court expressed that the writ petition against the charge memo cannot be entertained in a routine manner and the same can be entertained only on exceptional circumstances and the persons against to whom the disciplinary action are initiated must participate in the disciplinary proceedings and defend their case by proving their innocence. 3.

The learned counsel appearing for the writ petitioner has made a submission that he is willing to withdraw the writ petition.

4.

Accordingly, permission is granted, the writ petition stands dismissed as withdrawn. There is no order as to costs. Consequently connected Miscellaneous Petitions are also dismissed.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar rpl

TO 1.The Director of Collegiate Education, 9th Floor, EVK Sampath Building, College Road, Nungambakkam High Road, Chennai - 600 034.

2.The Regional Joint Director of Collegiate Education, Chennai Region, Teachers College Campus, Saidapet, Chennai - 600 015.

3.Principal Accountant General, 'Lekhan Pariksha Bhavan', No.361, Anna Salai, Teynampet, Chennai - 600 018.

+1cc to Mr.V.J.Arulraj, Advocate SR.No.62908 +1cc to Government Pleader SR.No.62813 W.P. No.23378 of 2017 and W.M.P. Nos.24470 to 24472 of 2017 SK(CO) GN(04/10/2017)