A.Muthukrishnan v. Director Of Elementary Education

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.04.2019 C O R A M THE HONOURABLE Mr. JUSTICE S.M.SUBRAMANIAM Writ Petition No. 31379 of 2018 and W.M.P. No. 36564 of 2018 A.Muthukrishnan ... Petitioner Vs.

1.Director of Elementary Education Directorate of Elementary Education DPI Complex College Road Chennai - 600 006.

2.Chief Education Officer Namakkal District.

3.Director of Elementary Education Thiruchenkodu Namakkal District.

... Respondents Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorari, calling for the records in connection with the show cause notice dated 15.10.2018 in proceedings Na.Ka.No.8997/E1/2018 on the file of the 2nd respondent and quash the same.

For Petitioner : Mr.N.Ramesh For Respondents : Mr.A.Raja Perumal Additional Government Pleader

O R D E R

The show cause notice dated 15.10.2018 issued by the Chief Educational Officer, Namakkal is under challenge in the present writ petition.

2.The learned counsel for the writ petitioner states that the show cause notice issued under Rule 17-B without conducing any process of enquiry as contemplated under the Tamil Nadu Civil Services (Discipline and Appeal) Rules. When the Chief Educational Officer, Namakkal produced a file, it was found that the writ petitioner was convicted by the competent criminal court of law and therefore, the show cause notice should have https://hcservices.ecourts.gov.in/hcservices/

been issued under the Rule 17 -C of the Tamil Nadu Civil Services (Discipline & Appeal) Rules. The Chief Educational Officer, who issued the show cause notice informed this Court that a revised show cause notice will be issued by withdrawing the impugned show cause notice dated 15.10.2018. 3.When the matter is taken up today, the learned Additional Government Pleader submitted that a copy of the revised show cause notice dated 29.03.2019 issued under Rule 17(C) (i) (1) of the Tamil Nadu Civil Services (Discipline & Appeal) Rules and the said notice is issued based on the order of conviction passed by the Special Judge/ Chief Judicial Officer, Namakkal dated 25.04.2018.

4.Thus, the writ petitioner is bound to submit his explanations / objections in respect of the show cause notice now issued vide proceedings dated 29.03.2018. On receipt of the explanation from the writ petitioner, the respondents are bound to consider the same and pass orders on merits and in accordance with law, as expeditiously as possible.

5.With these observations, this writ petition stands disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

s/d- Assistant Registrar True Copy Sub-Assistant Registrar maya To 1.The Director of Elementary Education Directorate of Elementary Education DPI Complex College Road Chennai - 600 006.

2.The Chief Education Officer Namakkal District.

3.The Director of Elementary Education Thiruchenkodu Namakkal District.

+1 CC to Mr.N.Ramesh, Advocate sr 33309.

+1 CC to Govt. Pleader sr 34099 W.P. No. 31379 of 2018 GJ(CO) SP(30/04/2019) https://hcservices.ecourts.gov.in/hcservices/