M.Sulochana v. The Joint Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.10.2024

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH W.P.No.29661 of 2024 and W.M.P.No.32310 of 2024 M.Sulochana ... Petitioner Vs.

1.The Joint Director, (Higher Secondary) of School Education, Chennai - 600 006.

2.The Chief Educational Officer, Perambalur District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the 1st respondent to revoke the order of suspension passed by him vide his proceedings in Memo R.C.No.052281/W3/S3/2023 dated 22.08.2023 in the light of GO. Ms. No.81 Human Resource Management (N) Department dated 04.08.2022 based on petitioner representation dated 29.08.2024.

For Petitioner : Mr.G.Thalaimutharasu For Respondents : Mrs.S.Mythreye Chandru Special Government Pleader 1/5

O R D E R

This writ petition has been filed for issue of writ of mandamus directing the 1st respondent to revoke the order of suspension passed against the petitioner through proceedings dated 22.08.2023 based on the representation made by the petitioner on 29.08.2024.

2.Heard Mr.G.Thalaimutharasu, learned counsel appearing on behalf of the petitioner and Mrs.S.Mythreye Chandru, learned Special Government Pleader appearing on behalf of the respondents.

3.The petitioner was working as a P.G. Assistant (Tamil) at Government Higher Secondary School, Vengalam, Perambalur District. The name of the petitioner was roped in a criminal case in Crime No.421 of 2023. The petitioner was arrested and remanded to judicial custody. The same resulted in the suspension order passed by the 1st respondent dated 22.08.2023.

4.The grievance of the petitioner is that the petitioner has been kept under continuous suspension for more than a year and the representation given by the petitioner for review and reconsidering the order of suspension was not considered. It 2/5

is under these circumstances, the present writ petition has been filed before this Court.

5.Taking into consideration the facts and circumstances of the case and also considering the fact that the petitioner has been kept under suspension for more than a year and the explanation/representation made by the petitioner has not been considered, there shall be a direction to the 1st respondent to deal with the representation made by the petitioner on 29.08.2024 on its own merits and in accordance with law and a decision shall be taken within a period of six weeks from the date of receipt of copy of this order.

6.The petitioner is directed to make a fresh representation to the 1st respondent along with all the relevant documents and also a copy of this order. 7.This writ petition is disposed of with the above directions. No Costs. Consequently, connected miscellaneous petition is closed. 03.10.2024 Internet : Yes Index : Yes Speaking Order / Non Speaking Order 3/5

ssr 4/5

N. ANAND VENKATESH, J.

ssr To 1.The Joint Director, (Higher Secondary) of School Education, Chennai - 600 006.

2.The Chief Educational Officer, Perambalur District.

W.P.No.29661 of 2024 and W.M.P.No.32310 of 2024 03.10.2024 5/5