A.Anbazhagan v. Director Of Elementary
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12-08-2016 Coram THE HON'BLE MR.JUSTICE B. RAJENDRAN Writ Petition No.28317 of 2016 and W.M.P.Nos.24428 & 24429 of 2016 A.Anbazhagan .. Petitioner Vs.
1.Director of Elementary Education D.P.I.Complex College Road Chennai-600 006.
2.The District Elementary Educational Officer Cuddalore Cuddalore District.
3.The Additional Assistant Elementary Educational Officer Cuddalore Cuddalore District.
4.The Assistant Elementary Educational Officer Kurinjipadi Cuddalore District.
5.The Head Master Panchayat Union Middle School Azhagiyanatham Cuddalore Block Cuddalore District.
.. Respondents Writ Petition filed under Article 226 of the constitution of India to issue a Writ of Mandamus, to direct the 2nd respondent to pass final order in R.C.No.5010/A4/2015, dated 19.11.2015, pursuant to the 4th respondent's Enquiry Report and consequently, to direct the 2nd respondent to grant all the
consequential service benefits due to the petitioner within a time to be stipulated by this Court and pass such further orders.
For Petitioner :Mr.K.Krishnan For Respondents :Mr.A.Kumar Special Government Pleader
O R D E R
By consent, this Writ Petition is taken up and disposed of at the stage of admission itself.
2. This Writ Petition has been filed to issue a Writ of Mandamus, to direct the 2nd respondent to pass final order in R.C.No.5010/A4/2015, dated 19.11.2015, pursuant to the 4th respondent's Enquiry Report and consequently, to direct the 2nd respondent to grant all the consequential service benefits due to the petitioner within a time frame.
3. The petitioner was appointed as B.T.Assistant (Maths) in Panchayat Union Middle School, Melathazhanoor Village, Thirukovilur Taluk, Villupuram District, by the proceedings of the District Elementary Educational Officer, Villupuram, dated 15.09.2010. Subsequently, he was transferred to Panchayat Union Middle School,
Azhagiyanatham, Cuddalore District. The petitioner was placed under suspension on 19.11.2015 by the 2nd respondent, by order dated 19.11.2015. Pursuant to which, a charge memo was issued, for which, the petitioner gave his explanation on 01.02.2016. By order, dated 29.02.2016, the order of suspension was revoked. The 4th respondent, on completion of the enquiry, submitted his report to the 2nd respondent. The petitioner has made a representation to the 2nd respondent, on 04.08.2016, to permit him to work in the Azhagiyanatham Panchayat Union Middle School, Cuddalore District, but, his request was not given heed to due to the pendency of the disciplinary proceedings. Hence, the present Writ Petition has been filed seeking the relief stated supra.
4. Mr.K.Krishnan, the learned counsel for the petitioner would submit that the petitioner would be satisfied, if a direction is given to the 2nd respondent, who is the Disciplinary Authority, to complete the disciplinary proceedings and to pass final order within a short time, for which, the petitioner is willing to co-operate.
5. Mr.A.Kumar, the learned Special Government Pleader, would submit that if the petitioner co-operates, the disciplinary proceedings will be completed and final order will be passed, within a time frame stipulated by this Court.
6. The undertaking given by the learned counsel for the petitioner that the petitioner will co-operate with the disciplinary proceedings and he will attend the disciplinary proceedings, without any default, is recorded. Having regard to the above submission made by the learned counsel on either side, this Court, directs the 2nd respondent, who is the Disciplinary Authority, to complete the disciplinary proceedings and to pass final order, based on the Enquiry Report submitted by the 4th respondent, after affording sufficient opportunity to the petitioner to give his reply, on merits and in accordance with law, as expeditiously as possible. The petitioner is directed to attend the disciplinary proceedings without any default. It is made clear that this Court has not expressed any opinion with regard to the merits of the claim made by the petitioner.
7. The Writ Petition is disposed of accordingly. Consequently, the connected Miscellaneous Petitions are closed. No costs. paa 12-08-2016 Index : Yes/No Internet : Yes/No To 1.Director of Elementary Education D.P.I.Complex College Road Chennai-600 006.
2.The District Elementary Educational Officer Cuddalore Cuddalore District.
3.The Additional Assistant Elementary Educational Officer Cuddalore Cuddalore District.
4.The Assistant Elementary Educational Officer Kurinjipadi Cuddalore District.
5.The Head Master Panchayat Union Middle School Azhagiyanatham Cuddalore Block Cuddalore District.
B.RAJENDRAN,J paa W.P.No.28317 of 2016 12.08.2016