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Madras High CourtWP/17716/2020disposed of

S.Loganathan v. The Joint Director

2023-10-13Honourable Ms Justice R.N.Manjula4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.10.2023

CORAM

THE HONOURABLE MS. JUSTICE R.N.MANJULA W.P.

No.17716 of 2020 S.Loganathan ... Petitioner Vs.

1.The Joint Director of School Education (personnel) DPI Campus, College Road, Chennai 9.

2.The Chief Educational Officer, Rajaveedhi, Coimbatore, Coimbatore District.

3.The District Educational Officer, Coimbatore, Coimbatore District.

4.The Head Master, C.C.M.A. Government Higher Secondary School, Raja Street, Coimbatore, Coimbatore District. ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus to direct the second respondent to provide the documents, which have been mentioned in the memos of the second respondent in Na.Ka.No.5334/aa-1/2018 dated 14.10.2020 and in Na.Ka.No.5004/aa-1/2018 dated 14.10.2020, so as to enable the petitioner to give his explanation to the memos. Page No.1 of 4

For Petitioner : Mr.P.Ganesan For Respondents : Mr.T.Arunkumar Government Advocate

ORDER

This Writ Petition has been filed seeking issuance of Writ of Mandamus to direct the second respondent to provide the documents, which have been mentioned in the memos of the second respondent in Na.Ka.No.5334/aa-1/2018 dated 14.10.2020 and in Na.Ka.No.5004/aa1/2018 dated 14.10.2020, so as to enable the petitioner to give his explanation to the memos.

2.The petitioner was working as a Music Teacher in C.C.M.A. Government Higher Secondary School, Coimbatore and he had been issued with the charge memo by initiating disciplinary action under Rule 17(a) of Tamil Nadu Civil Service (Discipline and Appeal) Rules. The petitioner made a representation to the second respondent for furnishing copies of certain 7 documents in order to give suitable explanation for the charge memos issued to the petitioner. Since the said documents have not been furnished, this Writ Petition is filed. Page No.2 of 4

3. The learned Government Advocate appearing for the respondents submitted that out of 7 documents requested by the petitioner, 5 documents have been given and other 2 documents are the complaints given by some of the students against the petitioner and they have been withheld.

4. Those documents can also be given with an undertaking obtained from the petitioner that the petitioner should not threaten or trouble the complainants in any manner.

5. With these observations, this Writ Petition is disposed and the second respondent is directed to give the documents sought by the petitioner by obtaining an undertaking from the petitioner that he should not threaten or trouble the complainants in any manner. No costs. 13.10.2023 Index : Yes Internet : Yes/No gsk Page No.3 of 4

R.N.MANJULA , J.

gsk To 1.The Joint Director of School Education (personnel) DPI Campus, College Road, Chennai 9.

2.The Chief Educational Officer, Rajaveedhi, Coimbatore, Coimbatore District.

3.The District Educational Officer, Coimbatore, Coimbatore District.

4.The Head Master, C.C.M.A. Government Higher Secondary School, Raja Street, Coimbatore, Coimbatore District. 13.10.2023 Page No.4 of 4