R.Aravindan v. The State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.04.2023

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU R. Aravindan ... Petitioner -vs1. The State of Tamil Nadu, Represented by its Secretary, Education Department, Fort St. George, Chennai - 600 009.

2. Joint Director, Education Department (Vocational), College Road, D.P.I Complex, Chennai - 600 006.

3. Chief Educational Officer, Dindigul - 620 001.

... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Mandamus, directing the Second Respondent to dispose the Petitioner's appeal dated 29.09.2020 received by Second Respondent on 21.10.2020.

For Petitioner : Mr. C.Jagadish For Respondents : Mrs. R.Anitha, Special Government Pleader 1/5

O R D E R

Heard Mr. C.Jagadish, Learned Counsel for the Petitioner and Mrs. R.Anitha, Special Government Pleader, who takes notice for the Respondents, and perused the materials placed on record, apart from the pleadings of the parties.

2.

The grievance ventilated by the Petitioner is that he had preferred an appeal dated 29.09.2020 before the Second Respondent against the disciplinary action taken against him, but as it did not evoke any response, he has filed this Writ Petition.

3.

Having regard to the limited scope of the relief sought in the Writ Petition, this Court without expressing any view on the merits of controversy involved, passes the following order:- (i) the concerned authority shall immediately examine the appeal dated 29.09.2020 preferred by the Petitioner including ascertaining as to whether the Petitioner would be entitled for the relief claimed; (ii) if it is found that any other details or supporting documents is necessary, the deficiencies in that regard shall be informed in writing to the 2/5

Petitioner requiring the same to be furnished within a time frame of not less than 15 days for the same;

(iii) in the event of not being satisfied with the requirements even thereafter, an enquiry shall be conducted affording full opportunity of personal hearing to the Petitioner and all other persons concerned following the prescribed procedure;

(iv) a reasoned order shall be passed dealing with each of the contentions raised on merits and in accordance with law and the decision taken communicated by 31.08.2023 under written acknowledgment; and (v) the report of such compliance shall be filed before the Registrar (Judicial) of this Court.

In the result, the Writ Petition is disposed on the aforesaid terms. No costs.

28.04.2023 skr Index: Yes/No Note: Issue order copy by 02.06.2023.

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To

1. The Secretary to Government of Tamil Nadu, Education Department, Fort St. George, Chennai - 600 009.

2. Joint Director, Education Department (Vocational), College Road, D.P.I Complex, Chennai - 600 006.

3. The Chief Educational Officer, Dindigul - 620 001.

Copy to The Registrar (Judicial), Madras High Court, Chennai - 600 104.

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P.D. AUDIKESAVALU, J.

skr 28.04.2023 5/5