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Madras High CourtWP/33449/2022disposed of

V.Murugesan v. The Director Of Elementary Education

2022-12-13Honourable Mr Justice Abdul Quddhose4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.12.2022

CORAM:

THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE W.P.No.33449 of 2022 and WMP No.32891 of 2022 V.Murugesan ... Petitioner versus 1.The Director of Elementary Education, Chennai-600 006.

2. The Chief Educational Officer, Dharmapuri,

3. The District Educational Officer, Dharmapuri.

4. The Assistant Director of Government Examinations, Dharmapuri.

5. The Block Educational Officer, Pennagaram ... Respondents Prayer:-Petition filed under Article 226 of the Constitution of India praying this Court to issue a writ of Certiorari to call for the records pertaining to the Proceedings bearing No.Roc.No.2434/A7/2022 dated -.07.2022 (signed on 08.07.2022) on the file of the 3rd respondent herein and to quash the same. For Petitioner : Mr.R.Selvakumar For Respondents : Mr.Stalin Abimanyu AGP 1/4

O RDER The petitioner has challenged the impugned suspension order dated 08.07.2022 issued to him by the third respondent. The petitioner has been suspended from service on the ground that he had corrected his +2 mark sheet. The petitioner is an Head Master of a Government School. The incident happened thirty eight years back. The petitioner had earlier given an explanation prior to his suspension and the said explanation was rejected. However, after the impugned suspension order, the petitioner has not given any explanation.

2. Heard Mr.R.Selvakumar, learned counsel for the petitioner and Mr.Stalin Abimanyur learned Additional Government Pleader accepts notice on behalf of the respondents. By consent of both the parties, the main writ petition has been taken up for final disposal.

3. This Court is of the considered view that at this stage, this Court cannot interfere with the impugned suspension order. The only limited relief that can be granted to the petitioner is to permit the petitioner to give a representation to the third respondent requesting to revoke his suspension order dated 08.07.2022 and on receipt of the said representation, a direction can be issued to the third respondent to consider the same on merits and in accordance 2/4

with law within a time frame to be fixed by this Court.

4. For the foregoing reasons, this Court directs the petitioner to submit a fresh representation to the third respondent requesting for revocation of his suspension order dated 08.07.2022 within a period of one week from the date of receipt of a copy of this order and on receipt of such a representation, the third respondent is directed to pass final orders on merits and in accordance with law on the said representation within a period of four weeks thereafter.

5. With the aforesaid direction, the writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. 13.12.2022 sr Index: Yes/No Speaking Order/Non-Speaking Order 3/4

ABDUL QUDDHOSE,J.

sr To 1.The Director of Elementary Education, Chennai-600 006.

2. The Chief Educational Officer, Dharmapuri,

3. The District Educational Officer, Dharmapuri.

4. The Assistant Director of Government Examinations, Dharmapuri.

5. The Block Educational Officer, Pennagaram W.P. No.33449 of 2022 13.12.2022 4/4