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Madras High CourtWP/19684/2023disposed of

S.Jaya v. The Chief Educational Officer

2023-07-04Honourable Mr Justice N. Sathish Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.07.2023

CORAM

THE HONOURABLE MR. JUSTICE N.SATHISH KUIMAR and W.M.P.No.18957 of 2023 S.Jaya .. Petitioner

Versus

1.The Chief Educational Officer O/o. The Chief Educational Officer Krishnagiri District 2.The Head Master Government Higher Secondary School Chinnamelupalli, Krishnagiri District .. Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned order issued by the 1st respondent in Na.Ka.No. 2116 / B1 / 2021 dated 10.01.2023 and to quash the same and inconsequence to that direct the respondnets to reinstate this petitioner in the service with all attendant benefits.

For Petitioner : Mr.K.Anbarasan For Respondents : Mr.E.Veda Bhagath Singh Special Government Pleader

ORDER

This writ petition has been filed mainly challenging the dismissal of the petitioner from service in a departmental proceedings issued by the 1st respondent in Na.Ka.No. 2116 / B1 / 2021 dated 10.01.2023, quash the same 1/4

and consequently direct the respondents to reinstate this petitioner in the service with all attendant benefits.

2. The charges against the petitioner is that he was unauthorisedly absent for more than 6 1⁄2 years and departmental proceedings have been initiated and ultimately, the appointing authority dismissed the petitioner from service in a proceedings in Na.Ka.No.2116/Aa1.2021 dated 10.01.2023. Challenging the same, this writ petition has been filed.

3. This Court is of the view that when there is an effective alternative appeal remedy available to the petitioner, without exhausting such appeal remedy, filing this writ petition is not maintainable.

4. In view of the above, the petitioner is at liberty to file an appeal within a period of one month from today. Accordingly, this writ petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed.

04.07.2023 dhk Index:Yes/No Internet: Yes/No 2/4

To The Chief Educational Officer O/o. The Chief Educational Officer Krishnagiri District 3/4

N.SATHISH KUMAR, J.

dhk W.P.No.19684 of 2023 04.07.2023 4/4