D.Kumar v. The Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.07.2016

CORAM

THE HONOURABLE MR. JUSTICE N. KIRUBAKARAN W.P. No. 23331 of 2016 & W.M.P. No. 20038 of 2016 D. Kumar ... Petitioner Vs.

1.The Director, O/o. The Directorate of Elementary Education, DPI Compound, College Road, Chennai - 600 007.

2.The District Elementary EducationalOfficer, O/o. The District Elementary Educational Office, Ariyalur, Ariyalur District.

3.The Assistant Elementary Educational Officer, O/o. Assistant Elementary Educational Office, T. Palur Block, Ariyalur District.

... Respondents Prayer:

Petition under Article 226 of the Constitution of India praying for issue of a Writ of Certiorarified Mandamus to call for the records relevant to the order in R.C. No. 1201/A2/2016 dated 28.06.2016 passed by the 2nd respondent and the same was served upon the petitioner on 02.07.2016 and quash the same as illegal, improper and thereby direct the respondents to reinstate the petitioner into his service with effect from 28.06.2016 with all backwages immediately.

For Petitioner :

Mr.A. Rajesh Kanna For Respondents :

Mr.A.Kumar, Special Government Pleader https://hcservices.ecourts.gov.in/hcservices/

O R D E R

The petitioner, who is working as a Headmaster, Panchayat Union Elementary School, Venanallur, T.Palur Block, Udaiiyarpalayam, Ariyalur District, has been suspended for violating the office conduct Rules by proceedings dated 28.06.2016 and hence, the petitioner has come forward with the present writ petition challenging the same.

2.

It is well-settled law that suspension order cannot be challenged and suspension cannot be termed as a punishment.

3.

Hence, the challenge made by the petitioner to the impugned proceedings cannot be sustained and the writ petition is accordingly dismissed. No costs. Connected W.M.P. is closed. Sd/- Assistant Registrar(J) //True Copy// Sub Assistant Registrar nv To 1.The Director, O/o. The Directorate of Elementary Education, DPI Compound, College Road, Chennai - 600 007.

2.The District Elementary EducationalOfficer, O/o. The District Elementary Educational Office, Ariyalur, Ariyalur District.

3.The Assistant Elementary Educational Officer, O/o. Assistant Elementary Educational Office, T. Palur Block, Ariyalur District.

+1cc to the Government Pleader, S.R.No.38288 W.P. No. 23331 of 2016 MP(CO) CA(27/07/2016) https://hcservices.ecourts.gov.in/hcservices/