← Library
Madras High CourtWP/13158/2020disposed of

V.Sabari Rajan v. Director Of School Education

2022-06-30Honourable Mr Justice D. Krishnakumar3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.06.2022

CORAM:

THE HON'BLE MR. JUSTICE D.KRISHNAKUMAR W.P.No.13158 of 2020 and WMP.Nos. 16285, 16286 & 16287 of 2020 V.Sabari Rajan ..Petitioner Vs.

1.Director of School Education, DPI Campus, Chennai.

2.The Chief Educational Officer,

3. The District Educational Officer, .. 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 records of the 3rd respondent in Na.Ka.No. 3112/A/1/2015, dated 15.10.2015 and quash the same and consequently direct the 3rd respondent to include the name of the petitioner in the Panel for promotion to the post of Record Clerk dated 01.12.2016 and promote the petitioner to post of Record Clerk on the date when his junior was promoted with all service and monetary benefits. For Petitioner : M/s.Dakshayani Reddy For Respondents : Mr. T.Arunkumar, AGP

ORDER

Challenging the Charge Memo dated 15.10.2015 issued by the 3rd respondent and consequential direction to the respondents to include the petitioner's name in the panel for promotion to the post of Record Clerk, the present writ petition is filed.

2. Heard both sides and perused the materials available on record.

3. According to the learned counsel for the petitioner,

disciplinary proceedings were initiated against the petitioner and the has been pending for more than seven years. In view of the pendency of the said disciplinary proceedings, the petitioner's name has not been included in the promotion panel to the post of Record Clerk.

4. The learned counsel for the petitioner has further submitted that the interim order of stay granted by this Court is still in force.

5. The learned Additional Government Pleader has submitted that if any directions given by this Court, the respondent shall consider the same and pass appropriate orders within a time frame as fixed by this Court.

6. The learned counsel for the petitioner has submitted that the petitioner will co-operate for the enquiry as the disciplinary proceedings are pending for more than seven years.

7. In view of the submissions made by both the learned counsels, this Court directs the 3rd respondent to expedite the disciplinary proceedings pending against the petitioner and conclude the same in accordance with relevant rules and pass final orders, as expeditiously as possible preferably within a period of twelve (12) weeks from the date of receipt of a copy of this order. The petitioner is also directed to co-operate for the enquiry without fail. In the meantime, the respondent shall also consider for inclusion of petitioner's name in the panel for year 2022-2023 to the post of Record Clerk, if he is otherwise eligible.

8. With the above directions, the writ petition stands disposed of. No costs. Consequently, connected Miscellaneous Petitions are closed.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar ak To 1.The Director of School Education, DPI Campus,Chennai.

2.The Chief Educational Officer,

3.The District Educational Officer, +1cc to M/s.Dakshayani Reddy, Advocate, S.R.No.41923 +1cc to the State Government Pleader, S.R.No.42566 W.P.No.13158 of 2020 and WMP.Nos. 16285, 16286 & 16287 of 2020 KV(CO) SB(19/07/2022)