J.Charles, v. The District Elementary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.06.2022

CORAM

THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No.18306 of 2014 and M.P.No.2 of 2014 & W.M.P.No.14659 of 2016 J.Charles

...Petitioner

-Vs1. The District Elementary Educational Officer, Namakkal.

2. The Assistant Elementary Educational Officer, Mohanur Panchayat Union, Namakkal District.

3. The Manager, R.C.Schools, Salem & Namakkal Districts, Mary Palace, 63, Tammannan Road, Salem - 636 009.

...Respondents

Prayer:Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus calling for the records relating to the impugned order passed by the 3rd respondent dated 25.07.2012 in Ref.D.O.S.S.O.No.01/2012, and quash the same and consequently direct the respondents to reinstate the petitioner with all monetary benefits. For Petitioner :

Mr.D.Ramesh Kumar For R1 & R2 :

Mrs.S.Anitha, Special Government Pleader For R3 :

Mrs.H.Mary Sowmi Rexi

ORDER

The order of suspension dated 25.07.2012 issued by the third respondent is under challenge in the present writ petition. https://hcservices.ecourts.gov.in/hcservices/

2.Pursuant to the interim stay granted by this Court, the petitioner was reinstated in service and working as a Secondary Grade Teacher.

3.The learned counsel appearing on behalf of the third respondent made a submission that during the pendency of the writ petition, the departmental disciplinary proceedings initiated against the writ petitioner continued and an enquiry was conducted and the Enquiry Officer submitted his final report. The disciplinary authority has to pass final orders. The show cause notice along with the enquiry report was communicated to the writ petitioner, who in turn, has not submitted any explanation to the second show cause notice.

4.This being the factual aspect, the respondents/ disciplinary authority is directed to complete the departmental disciplinary proceedings in all respects and pass final orders, within a period of 6 weeks from the date of receipt of a copy of this order.

5.With this direction, the Writ Petition stands disposed of. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(CS-VIII) //True Copy// Sub Assistant Registrar hvk To

1. The District Elementary Educational Officer, Namakkal.

2. The Assistant Elementary Educational Officer, Mohanur Panchayat Union, Namakkal District.

+1cc to Mr.D.Ramesh Kumar, Advocate, S.R.No.38168 +1cc to the Government Pleader, High Court, Madras, S.R.No.38846 W.P.No.18306 of 2014 CA(CO) RGA(06/07/2022) https://hcservices.ecourts.gov.in/hcservices/