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Madras High CourtWP/33072/2025disposed of

G.Santhosh v. The State Of Tamil Nadu

2025-09-02Honourable Mr Justice A.D.Jagadish Chandira6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02-09-2025

CORAM

THE HONOURABLE MR JUSTICE A.D.JAGADISH CHANDIRA

1. G.Santhosh S/o.K.Vogindan, No.6, Flat S-1, Ab Sky Garden, 22nd Cross Street, Sivasakthi Nagar, C-sector, Annanur, Chennai-600 062.

Petitioner(s) Vs.

1. The State Of Tamil Nadu Rep. By Its Principal Secretary To Government, School Education Department, Fort St. George, Secretariat, Chennai-600 009.

2.The Director Of School Education Perasiriyar Anabalagan Kalvi Valagam, Nungambakkam, College Road, Chennai-600 006.

3.The Joint Director (personnel) Directorate of School Education, Perasiriyar Anbalagan Kalvi Valagam, Nungambakkam, College Road, Chennai-600 006.

Respondent(s)

PRAYER Writ Petition filed under Article 226 of the Constitution of India, praying to direct the respondents to pass orders for revocation of order of suspension vide R.C.No.011180/A1/S5/2025 dated 24.02.2025 issued by the 2 nd respondent and to reinstate the petitioner into service with all consequential and other attendant benefits in consideration of representation submitted by the petitioner 29.05.2025 in accordance with G.O.Ms.No.81, Human Resources Management Department dated 04.08.2022.

For Petitioner(s):

Mr.S.Nedunchezhiyan For Respondent:

Ms.S.Mythreye Chandru Special Government Pleader (Education)

ORDER

The writ petition has been filed for a writ of Mandamus, to direct the respondents to pass orders for revocation of order of suspension vide R.C.No.011180/A1/S5/2025 dated 24.02.2025 issued by the 2 nd respondent and to reinstate the petitioner into service with all consequential and other attendant benefits in consideration of representation submitted by the petitioner 29.05.2025 in accordance with G.O.Ms.No.81, Human Resources Management Department dated 04.08.2022.

2. Heard Mr.Nedunchezhiyan, learned counsel for the petitioner and Ms.S.Mythreye Chandru, learned Special Government Pleader (Education) for the respondents.

3. The petitioner was appointed as District Educational Officer (D.E.O) in School Education Department on 16.07.2021 and had served in various Districts including Kancheepuram, Arani, Salem and The Nilgiris. While discharging his duties, he was implicated in connection with the appointment of one Mr.T.John Shibu Manik, who had obtained directions from this Court in W.P.No.10521 of 2024 for retrospective approval of his appointment. The petitioner submitted that though he acted strictly in accordance with the departmental rules, he was falsely implicated and arrested by the Vigilance and Anti-Corruption authorities in Crime No.2 of 2025 under Section 7 of the Prevention of Corruption (Amendment) Act, 2018. Consequent to the same, he was placed under deemed suspension by proceedings dated 24.02.2025.

4. It is further submitted that the petitioner was granted conditional bail by order dated 11.03.2025, which was later modified on 22.04.2025. He has been fully cooperating with the investigation. No charge memo has been issued

to him till date and no departmental proceedings have been initiated, though more than six months have passed since the suspension.

5. The grievance of the petitioner is that the prolonged suspension is arbitrary and against the guidelines prescribed under G.O. Ms. No. 81, Human Resources Management Department dated 04.08.2022. In this regard, the petitioner submitted a representation to the petitioner dated 29.05.2025 and the same has not been considered by the authorities till date. Hence, the petitioner is constrained to move the present writ petition.

6. Considering the facts and circumstances of the case and in view of the limited prayer sought for in this writ petition, this Court, without going into the merits of the matter, directs the respondents to consider the case of the petitioner and pass orders on the representation submitted by the petitioner dated 29.05.2025 in the light of G.O.Ms.No.81, Human Resources Management (N) Department, dated 04.08.2022, within a period of twelve (12) weeks from the date of receipt of a copy of this order.

7. In fine, the writ petition stands disposed of. However, there shall be no order as to costs.

02-09-2025 kak Index:Yes/No Speaking/Non-speaking order Internet:Yes To 1.The State Of Tamil Nadu Rep. By Its Principal Secretary To Government, School Education Department, Fort St. George, Secretariat, Chennai-600 009.

2.The Director Of School Education Perasiriyar Anabalagan Kalvi Valagam, Nungambakkam, College Road, Chennai-600 006.

3.The Joint Director (personnel) Directorate Of School Education, Perasiriyar Anbalagan Kalvi Valagam, Nungambakkam, College Road, Chennai-600 006.

A.D.JAGADISH CHANDIRA ,J.

kak 02-09-2025