Madras High CourtWP/10874/2024disposed of

C.Sivashanmugaraja v. The Government Of Tamil Nadu

2024-04-23Honourable Mr Justice D.Bharatha Chakravarthy5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.04.2024 CORAM :

THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY C.Sivashanmugaraja ..

Petitioner Vs.

1.The Government of Tamil Nadu, Rep. by the Principal Secretary, Higher Education (F2) Department, Fort.St.Geroge, Chennai - 600 009.

2.The Director, Directorate of Collegiate Education, Saidapet, Chennai - 600 015.

3.The Principal, Periyar Government Arts College, Cuddalore - 607 001.

.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking a Writ of Certiorarified Mandamus calling for the records in GO.(2D).No.13 dated on 24.03.2023 issued by the first respondent and quash the same as illegal and direct the first respondent to reinstate the petitioner as Assistant Professor, Department of Mathematics in Periyar Government Arts College, Cuddalore.

For the Petitioner :

Mr.R.Sankarasubbu For the Respondents 1 & 2 :

Mr.R.Kumaravel, Additional Government Pleader

ORDER

The prayer in the Writ Petition is to call for the records in GO.(2D).No.13 dated on 24.03.2023 issued by the first respondent and quash the same as illegal and direct the first respondent to reinstate the petitioner as Assistant Professor, Department of Mathematics in Periyar Government Arts College, Cuddalore.

2. By an order dated 24.03.2023 the petitioner was imposed with the punishment of dismissal from service. Since the petitioner was originally appointed by the Principal Secretary, being the appointing authority he himself has passed the punishment order. Aggrieved thereof, the petitioner had submitted an application for review on 16.05.2023.

3. Mr.Sankarasubbu, learned counsel appearing for the petitioner had

produced the copy of the review along with the endorsement that the review petition is received in the office of the first respondent on 16.05.2023. Therefore, the review petition is filed within time as per Rule 20 of the Tamil Nadu Civil Services Discipline and Appeal Rules.

4. In view thereof, the Writ Petition is disposed of on the following terms:

(i) The first respondent shall consider the review petition on its own merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order.

(ii) No costs.

23.04.2024 Index : Yes/No : Yes/No Speaking order : Yes/No vm

D.BHARATHA CHAKRAVARTHY, J.

vm To 1.The Principal Secretary, Higher Education (F2) Department, Fort.St.Geroge, Chennai - 600 009.

2.The Director, Directorate of Collegiate Education, Saidapet, Chennai - 600 015.

3.The Principal, Periyar Government Arts College, Cuddalore - 607 001.

23.04.2024