D.Sivaraj v. The Director Of Elementary Education

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.12.2018

CORAM:

THE HON'BLE DR.JUSTICE S.VIMALA W.P.No.31189 of 2018 and W.M.P.Nos.36390 & 36391 of 2018 D.Sivaraj ....

Petitioner Vs 1.The Director of Elementary Education College Road, Chennai 600 006.

2.The District Elementary Educational Officer Coimbatore District, Coimbatore.

3.The Assistant Elementary Educational Officer Thondamuthur Panchayat Union, Thondamuthur Coimbatore District.

...Respondents

For Petitioner :

M/s.R.Saseetharan For Respondents :

Ms.P.Kavitha,Government Advocate(Education) for R1 to R3 Prayer : Writ Petition filed under Article 226 of the Constitution of India seeking a writ of Certiorarified Mandamus calling for the records of the 2nd respondent in relation to the proceedings issued in R.C.No.2942/A2/2016 dated 24.07.2017 issued by the second respondent and quash the same and issue a consequential direction to the respondents to post the petitioner as secondary grade teacher at Panchayat Union Primary School, Kuppeyapalayam, Thondamuthur Panchayat Union, Thondamuthur, Coimbatore District with service and monetary benefits.

O R D E R

The petitioner was working as a secondary grade teacher. He was placed under suspension on 24.07.2017 on account of a pending criminal case filed against him under Sections 498(A) IPC.

2. The order of suspension dated 24.07.2017 is under challenge on the ground that no disciplinary proceedings have been initiated based on the FIR registered against the petitioner. Learned counsel for the petitioner relies on the https://hcservices.ecourts.gov.in/hcservices/

judgments of the Supreme Court reported in (2015) 7 SCC 291 "Ajay Kumar Choudhary Vs Union of India" and "State of Tamil Nadu Vs Pramod Kumar" reported in 2018 SCC Online SC 1079, wherein it was held as follows, "We, therefore, direct that the currency of a suspension order should not extend beyond three months, if within this period, the Memorandum of Charges / Charge sheet is not served on the delinquent officer / employee; if the Memorandum of Charges / Charge sheet is served, a reasoned order must be be passed for the extension of suspension. We think this will adequately safeguard the universally recognized principle of human dignity and the right to a speedy trial and shall also preserve the interest of the Government in the prosecution."

3. Consering the facts and circumstances of the case and in the light of the facts that no final report has been filed even after the expiry of one year and that the representations sent by the petitioner in this regard, did not evoke any response from the respondents, the respondents are directed to revoke the order of suspension dated 24.07.2017 and put him in the post he is entitled to, within a period of two weeks from the date of receipt of a copy of this order. With the above directions, the writ petition is disposed of. No costs. Consequently, connected W.M.Ps. are closed.

KST Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar To 1.The Director of Elementary Education, College Road, Chennai 600 006.

2.The District Elementary Educational Officer, Coimbatore District, Coimbatore.

3.The Assistant Elementary Educational Officer Thondamuthur Panchayat Union, Thondamuthur Coimbatore District.

+1cc to Mr.R.Saseetharan, Advocate, S.R.No.83562 +1cc to the Government Pleader, S.R.No.84010 W.P.No.31189 of 2018 kak(21/12/2018) https://hcservices.ecourts.gov.in/hcservices/