K.Saravanan v. The Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 18.08.2020

CORAM:

THE HON'BLE MR. JUSTICE V.PARTHIBAN WP No.10830 of 2020 K.Saravanan .. Petitioner -Vs1. The Director, Directorate of Vigilence and Anti-Corruption, No.293, N.K.N. Road, Alandur, Chennai - 600 016.

2. The Director of School Education, College Road, Chennai - 600 006.

3. Mrs. Sheela Grace, Headmistress, Natarajan Thamayanthi Higher Secondary School, Velippalayam, Nagapattinam - 611 001.

4. The District Educational Officer, District Education Office, Near R.T.O. Office, Nagapattinam - 611 001.

.. Respondents PRAYER: This Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing the 1st respondent and 2nd respondent to enquire the petition dated 06.12.2019 and acknowledgment reply of the 1st respondent dated 20.12.2019 in petition No.13618/2019/EDN/NP and to take action as per law within a time frame as may be fixed by this Court.

For Petitioner : Mr.M.Raja For Respondents: Mr.J.Ramesh (for R1) Additional Government Pleader Mr.P.Raja (for R2 to R4) Government Advocate.

O R D E R

The petitioner has approached this Court, seeking the following relief:

"To issue a Writ of Mandamus, directing the 1st respondent and 2nd respondent to enquire the petition dated 06.12.2019 and acknowledgment reply of the 1st respondent dated 20.12.2019 in petition No.13618/2019/EDN/NP and to take action as per law within a time frame as may be fixed by this Court."

2. The case of the petitioner is that he is working as a Graduate Teacher in the 3rd respondent school. According to him, the 3rd respondent school has issued an internal circular in October 2017, calling upon all the teaching staff to pay Rs.250/- to one Mr.Arunachalam, an office staff towards income tax purpose. According to the petitioner, he and other staff complied with the circular.

3. However, according to the petitioner, it transpires that under the so called circular, illegally some amounts have been collected from the staff and on the basis of the complaint some enquiry had been initiated at the instance of the 1st respondent and a report was also filed.

4. According to the petitioner, despite the investigation into the complaint and the report submitted, neither the 1st respondent nor the 2nd respondent initiated any action against the school management and therefore, the petitioner is before this Court, seeking a direction to dispose of his representation, in effect, to take action against the management of the school on the so called complaint made against the school staff.

5. This Court finds that the direction as sought in the writ petition cannot be granted by this Court only on the basis of the self serving averments of the petitioner. Obviously, the petitioner has an axe to grind against the management and in order to settle his personal grudge, against the management for obvious reasons, he is attempting to drag the constitutional Court's jurisdiction into the issue.

6. The jurisdiction of this Court cannot be invoked in order to settle personal scores and the attempt to get direction as sought by the writ petitioner to achieve his personal agenda ought not be entertained. No direction will ever be issued at the instance of a ostensibly disgruntled employee of the school. In any event, it is always open to the petitioner to move the appropriate authority in pursuance of the complaint against the

management and certainly, it is not open to the petitioner to involve this Court into the tussle between the staff and the management.

7. Therefore, this Court finds that the writ petition lacks in bonafides and devoid of substance and hence, dismissed. No Costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To

1. The Director, Directorate of Vigilence and Anti-Corruption, No.293, N.K.N. Road, Alandur, Chennai - 600 016.

2. The Director of School Education, College Road, Chennai - 600 006.

3. The Headmistress, Natarajan Thamayanthi Higher Secondary School, Velippalayam, Nagapattinam - 611 001.

4. The District Educational Officer, District Education Office, Near R.T.O. Office, Nagapattinam - 611 001.

+1cc to Mr.R.Abdurrahman, Advocate, Sr.No.27157 +1cc to the Government Pleader, Sr.No.27062 WP No.10830 of 2020 pp (co) rr ii (15/09/2020)