K.Chandrasekar v. The Joint Director Of School
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.09.2016
CORAM
THE HONOURABLE MR. JUSTICE R.SUBBIAH Writ Petition No.33238 of 2016 K.Chandra Sekar ... Petitioner vs.
1.The Joint Director of School Education (Higher Secondary), DPI Complex, College Road, Chennai-600 006.
2.The Chief Educational Officer, Uthagamandalam, The Nilgiris District.
... Respondents Writ petition has been filed under Article 226 of the Constitution of India, praying for a Writ of Mandamus, directing the respondents to pass final orders in the disciplinary proceedings initiated against the petitioner pursuant to the Charge Memo bearing Na.Ka.No.32184/W2/E3/2014, dated 12.05.2014 issued by the 1st respondent within a time stipulated by this Court.
For Petitioner :
Mr.P.Ganesh For Respondents :
Mr.R.Rajeswaran, Special Government Pleader
ORDER
By consent, the Writ Petition itself is taken up for final disposal.
2.
The Writ Petition has been filed seeking to issue a Writ of Mandamus, directing the respondents to pass final orders in the disciplinary proceedings initiated against the petitioner pursuant to the Charge Memo bearing Na.Ka.No.32184/W2/E3/2014, dated 12.05.2014 issued by the 1st respondent within a time stipulated by this Court.
3.
The case of the petitioner is that he was a Post Graduate Teacher (Botany) and appointed on 09.10.2000 in
Government Higher Secondary School, Arikorai. While he was working in the said capacity in Government Higher Secondary School, Kotagiri, the 2nd respondent has passed an order of suspension dated 07.04.2014. Challenging the same, he has filed a Writ Petition No.19363 of 2014 and by an order dated 24.07.2014, this Court set aside the order of suspension and as per the direction of this Court, he was reinstated in service. 4.
The further case of the petitioner is that pursuant to the suspension order, a charge memo dated 12.05.2014 was issued to him under Rule 17(b) of the Tamil Nadu Civil Services (Discipline and Appeal) Rules.
Not satisfied with the explanation submitted by the petitioner dated 31.05.2014, vide proceedings dated 26.7.2014 of the 1st respondent, the Chief Educational Officer, Coimbatore, was appointed as Enquiry Officer. The petitioner appeared before the Enquiry Officer on 22.12.2014 at 10.00 a.m. as directed by him and handed over the questionnaire filled up by him as asked by the Enquiry Officer. With that the enquiry concluded on the same day. Thereafter, though two years have elapsed, the petitioner did not know anything about the said enquiry. But for the non-conclusion of the enquiry, his annual increment and other monetary benefits are not paid and there is likelihood of affecting his further promotion due to the pendency of the disciplinary proceedings against him.
Hence, the present Writ Petition by the Petitioner.
5.
Heard the learned Counsel for the petitioner and the learned Special Government Pleader appearing for the respondents. 6.
Considering the facts and circumstances of the matter, without going into the merits of the matter, this Court directs the 1st respondent to conclude the disciplinary proceedings pending against the petitioner in connection with Charge Memo No. Na.Ka.No.32184/W2/E3/2014, dated 12.05.2014 and pass final orders thereon on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this Order.
7.
The Writ Petition is disposed of accordingly. No costs.
Sd/- Asst.Registrar (CS III ) /true copy/ Sub Asst. Registrar
To 1.The Joint Director of School Education (Higher Secondary), DPI Complex, College Road, Chennai-600 006.
2.The Chief Educational Officer, Uthagamandalam, The Nilgiris District.
+1 cc to M/s.P.Ganesan,advocate,sr.53927 +1 cc to Govt.Pleader,sr.54472.
Rp(co) krd 24/10 W.P.No.33238 of 2016