Madras High CourtWP/31977/2018disposed of

Shanmugapriya v. The Chief Educational Officer

2018-12-05Honourable Dr. Justice S. Vimala2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.12.2018

CORAM

THE HON'BLE DR.JUSTICE S.VIMALA W.P.No.31977 of 2018 Shanmugapriya ....

Petitioner Vs The Chief Educational Officer Udhagamandalam, The Nilgiris.

....

Respondents For Petitioner :

Mr.M.A.R.Pragash For Respondent :

Ms.P.Kavitha, Govt.Advocate(Education) Prayer : Writ Petition filed under Article 226 of the Constitution of India seeking a writ of Certiorari to call for the records of the impugned charge Memo in Na.Ka.No.4985/A4/2018 dated 15.11.2018 on the file of the respondent and quash the same.

O R D E R

The petitioner, who was working as BT Assistant in Government Higher Secondary School at Ilathur, was issued with a charge memo dated 15.11.2018 on the ground that the petitioner has been prosecuted under Section 494 IPC and has violated Rule 19 of the Tamil Nadu Government Servants Conduct Rules.

2. Ms.P.Kavitha, learned Government Advocate (Education) takes notice for the respondents and would submit that the allegations are supported by documents and it is open to the petitioner to give her explanation for the charge memo and prove that the petitioner is not delinquent.

3. Heard the learned counsel appearing on both sides and perused the materials placed on record.

4. Considering the facts, this Court is of the view that it is open to the petitioner to submit her explanation to https://hcservices.ecourts.gov.in/hcservices/

substantiate that the charges are baseless and there are prima facie materials to disprove the charges. The petitioner shall submit her explanation within a period of 15 days from the date of receipt of a copy of the order and thereupon, the respondents are directed to expedite the enquiry and complete the same, in any event, within a period of three months. The writ petition is disposed off with the above observations. No costs. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar(CS-VI) //True copy// Sub Assistant Registrar kst To The Chief Educational Officer Udhagamandalam, The Nilgiris.

+1cc to Mr.A.R.Pragash, Advocate SR.No.83750 +1cc to Government Pleader SR.No.84438 W.P.No.31977 of 2018 RSV(CO) GMY(20/12/2018) https://hcservices.ecourts.gov.in/hcservices/