G.Sreenivasa Rao v. The State Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08-04-2019
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No.17659 of 2018 And W.M.P.Nos.20929 and 20930 of 2018 G.Sreenivasa Rao .. Petitioner Vs.
1.The State of Tamil Nadu, Represented by its Principal Secretary to Government, School Education Department, Secretariat, Fort St. George, Chennai-600 009.
2.The Director of School Education, DPI Campus, College Road, Chennai-600 006.
3.The Chief Educational Officer, Panagal Building, Saidapet, Chennai-600 015.
4.The District Educational Officer, Central Chennai, Saidapet, Chennai-600 015.
5.The Correspondent, Kesari Higher Secondary School, Old No.9, New No.17/1, Royapettah High Road, 3rd Street, Mylapore, Chennai-600 004.
.. Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, calling for the records relating to the impugned proceedings issued by the fifth respondent in No.Nil dated 28.5.2016 served on 30.5.2016 and subsequent order of suspension No.Nil dated 31.5.2016 and to quash the same and consequently direct the respondents to retire the petitioner as on the date of petitioner on 31.5.2016 and to settle the retirement benefits to the petitioner along with service
benefits including arrears of increment, Pay Commission recommendations etc., as well as Regular Pension along with interest for the delay in payment.
For Petitioner : Mr.G.Sankaran For Respondents-1to4: Mr.A.Raja Perumal, Additional Government Pleader.
For Respondent-5 : Mr.N.R.Chandran, Senior Counsel for Ms.P.Subhadra Devi.
O R D E R
The learned Senior Counsel, appearing on behalf of the respondent-Management, made a submission that the present writ petition is filed challenging the proceedings of the Correspondent-fifth respondent, framing the charges against the writ petitioner. In fact, the charge memo is under challenge in the present writ petition as well as the order of suspension is also under challenge in the present writ petition.
2. During the pendency of the present writ petition, the departmental disciplinary proceedings were continued and the final order in the departmental disciplinary proceedings were passed by the competent authorities in proceedings dated 4.8.2018.
3. It is brought to the notice of this Court that the major penalty of removal from service has been imposed on the writ petitioner and therefore, it is left open to him to approach the Competent Appellate Authority for the redressal of his grievances, if any, against the final order passed in the departmental disciplinary proceedings.
4. As far as the present writ petition is concerned, the cause aroused for the purpose of filing the present writ petition became vanished. Thus, the writ petition stands dismissed as infructuous. However, there shall be no order as to costs. Consequently, connected miscellaneous petitions are also dismissed.
Sd/- Assistant Registrar(CS) //True Copy// Sub Assistant Registrar Svn To 1.The Principal Secretary to Government, State of Tamil Nadu, School Education Department, Secretariat, Fort St. George, Chennai-600 009.
2.The Director of School Education, DPI Campus, College Road, Chennai-600 006.
3.The Chief Educational Officer, Panagal Building, Saidapet, Chennai-600 015.
4.The District Educational Officer, Central Chennai, Saidapet, Chennai-600 015.
+2ccs to M/s.SubdraDevi , Advocate SR.No. 33809 +1cc to Mr.G.Sankaran , Advocate SR.No. 34310 W.P.No.17659 of 2018 ssd A.SK(06/05/2019)