Dr.S.Raja Soundara Pandian v. The Secretary To Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17.06.2025
CORAM
THE HONOURABLE MR. JUSTICE C.KUMARAPPAN and W.M.P.No.16618 of 2024 Dr.S.Raja Soundara Pandian, Associate Professor, Government College of Education, Orathanad Village & Post, Thanjavur District - 614 625.
... Petitioner Vs.
1.
The Secretary to Government, Higher Education (F2) Department, Fort St.George, Chennai - 600 009.
The Director of Collegiate Education, Office of the Directorate of Collegiate Education, Saidapet, Chennai - 600 015.
The Principal, Government College of Education, Orathanadu, Thanjavur District.
... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, seeking for an issuance of writ of Certiorarified Mandamus, calling for the records of the first respondent in G.O.(D) No. 115, dated 27.05.2024 and G.O.(D)
No.125, dated 31.05.2024, quash the same and consequently direct the respondents to permit the petitioner to retire from service with effect from 31.05.2024 with all attendant benefits.
For Petitioner : Mr.S.P.Sudalaiyandi For Respondents : Mr.C.Jayaprakash Government Advocate
ORDER
The writ petition has been filed to quash the G.O.(D) No. 115, dated 27.05.2024 and G.O.(D) No.125, dated 31.05.2024 issued by the first respondent and consequently direct the respondents to permit the petitioner to retire from service with effect from 31.05.2024 with all attendant benefits. The case of the petitioner is that, the petitioner worked as Assistant Professor in the Government Education College, Orathanadu. Consequently, upon the retirement of the Principal, he was appointed as in charge of the Principal of the said college on 13.10.2020. On 06.11.2020, the respondent appointed one Kannikaparameswari as Principal in full Additional charge though she was junior to the petitioner on the ground that a criminal case is pending against the petitioner. Hence, the petitioner filed the writ petition in W.P.No. 16961 of 2020. In the meanwhile, the respondent issued
impugned charge memo to the petitioner for violation of Section 20 of the Tamil Nadu Government Servants Conduct Rules, 1973 with 15 days time to file reply by the petitioner. The petitioner also submitted his reply, but there is no progress in the enquiry. Therefore, the petitioner approached this Court by way of W.P.No. 9723 of 2024 and this Court also directed the respondent to complete the enquiry proceeding by order dated 12.04.2024. However, the respondent without complying the same, issued the impugned order suspending the petitioner and also not permitted the petitioner to retire. Hence, the present writ petition is filed.
Learned Government Advocate would submit that after issuance of suspension order, they have issued charge memorandum and conducted enquiry. It is further submitted that the Enquiry Officer has already submitted a report to the Disciplinary Authority and the Disciplinary Authority has to pass final order.
4.
Heard the learned Counsel on either side and perused the materials available on record.
5.
In view of the submission of the learned Government Advocate, without going into the merits of matter, this Court deems it appropriate to direct the first respondent to pass final order upon Enquiry Report, given in pursuance to the charge memorandum within a period of four weeks from the date of receipt of a copy of this order.
In the result, the Writ Petition is disposed of with the above direction. No costs. Consequently, connected miscellaneous petition is closed. 17.06.2025 2/2 veda Index:Yes/No Speaking order/Non-speaking order
C.KUMARAPPAN, J.
veda To 1.
The Secretary to Government, Higher Education (F2) Department, Fort St.George, Chennai - 600 009.
The Director of Collegiate Education, Office of the Directorate of Collegiate Education, Saidapet, Chennai - 600 015.
The Principal, Government College of Education, Orathanadu, Thanjavur District.
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