R.Venkatachalam v. The Chief Educational Officer,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 11.11.2022 Coram:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE and W.M.P.No.29301 of 2022 -- Venkatachalam .. Petitioner Vs.

1. The Chief Educational Officer, Chief Educational Office, Tiruvannamalai District.

2. The District Educational Officer, Chengam, Tiruvannamalai District.

3. The Block Educational Officer, Thandarampattu Block, Tiruvannamalai District.

.. Respondents Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus to call for records relating to the impugned order of the first respondent dated 30.07.2022 made in Rc.No.3909/B3/2002 and to quash the same and consequently direct the respondents 1 and 2 to reinstate the petitioner in service with all monetary benefits.

For petitioner : Mr.S.Kasirajan For respondents: Mr.C.Sathish, Govt. Advocate 1 / 4

ORDER

The petitioner has filed this Writ Petition challenging the impugned suspension order dated 30.07.2002 issued to him.

2. The petitioner contends that F.I.R. registered against him in Crime No.125 of 2022, has been stayed by this Court in Crl.M.P.No.14156 of 2022 in Crl.O.P.No.21885 of 2022 on 12.09.2022, which is evident from the order copy filed along with the Writ Petition. He has been charged for the offences under Section 294(b) of IPC and Section 3(1)(r) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015. The petitioner was suspended under the impugned order dated 30.07.2022. He has given a representation on 11.10.2022 to the respondents requesting them to revoke the suspension order. Since the said representation has not been considered till date, the petitioner has preferred this Writ Petition.

3. Learned counsel for the petitioner submitted that the petitioner will be satisfied if the said representation is directed to be considered on merits and in accordance with law within a time frame to be fixed by this Court.

4. No prejudice would be caused to the respondents, if such a direction is issued.

5. Accordingly, this Court directs the second respondent to pass final orders on the representation dated 11.10.2022 of the petitioner seeking 2 / 4

for revocation of the impugned suspension order, dated 30.07.2022, as the F.I.R. registered in Crime No.125 of 2022 against the petitioner has been stayed by this Court in Crl.M.P.No.14156 of 2022 in Crl.O.P.No.21885 of 2022 on 12.09.2022. The said representation shall be considered by the second respondent on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order.

6. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs. Consequently, W.M.P. is closed. 11.11.2022 Speaking Order: Yes/no cs To

1. The Chief Educational Officer, Chief Educational Office, Tiruvannamalai District.

2. The District Educational Officer, Chengam, Tiruvannamalai District.

3. The Block Educational Officer, Thandarampattu Block, Tiruvannamalai District. 3 / 4

ABDUL QUDDHOSE, J cs 11.11.2022 4 / 4