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Madras High CourtWP(MD)/2529/2018dismissed

Arputha Kanagaraj v. The District Elementary

2018-02-23Honourable Mr Justice G.R.Swaminathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 23.02.2018 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P(MD)No.2529 of 2018 and WMP(MD)Nos.2712 to 2714 of 2018 Arputha Kanagaraj ... Petitioner Vs.

1.The District Elementary Educational Officer, Tirunelveli District, Tirunelveli.

2.The Assistant Educational Officer, Nanguneri, Tirunelveli District.

3.The Bishop of Tuticorin Diocese, Corporate Manager, RC Schools, Tuticorin Diocesan Association, Chathalic Bishop House, 88, Great Cotton Road, Tuticorin - 628 001.

4.The Correspondence, St.Antony's R.C.Primary School, Nellaiyappapuram, Nanguneri Taluk, Tirunelveli District.

... Respondents Prayer : Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus to call for the records pertaining to the impugned suspension order made by the third respondent in his proceedings in Ref.No.2017/229 dated 22.11.2017 and quash the same as illegal and consequently directing the third respondent to reinstate the petitioner in to his service as Head Master of St.Antony's Primary School, Nellaiyappapuram, Nanguneri Taluk, Tirunelveli District with all benefits.

For Petitioner : Mr.S.R.Anbarasu For Respondents : Mr.K.Saravanan, Government Advocate for Mrs.S.Srimathy, Spl.GP for RR1, 2 Mr.V.John Kennady for R3 and R4

ORDER

Heard the learned counsel on either side.

2.The petitioner is employed as a Head Master in the fourth respondent school. It is coming under the third respondent. Certain serious allegations pertaining to the moral conduct of the petitioner were made which led to him being suspended from service by order dated 22.11.2017. The school management has since issued charge memo dated 14.12.2017.

3.The learned counsel appearing for the third and fourth respondents would submit that the enquiry has since been conducted and final orders are likely to be passed at any time. 4.Be that as it may, it is seen that more than two months have been lapsed since the date of suspension. The petitioner is employed in a private aided school. For keeping the petitioner under suspension, beyond a period of two months, sanction from the department is a pre-requisite. In this case, till date, no such permission has been accorded by the department. Therefore, while the petitioner would be entitled to payment of subsistence allowance for the suspension period for the first two months, it is duty of management to pay full salary thereafter.

5.Therefore, a direction is issued to the respondents three and four to disburse full salary to the petitioner for the period beyond two months for which permission has not been accorded by the department. It is made clear that it is open to the third respondent to pass final orders on the disciplinary action initiated by them against the petitioner.

6.This Court went through the materials on record. The allegations are very serious. It would be most unjust and unfair to direct the reinstatement of the petitioner unless he is exonerated in the enquiry. As on date, he is yet to be exonerated from the disciplinary proceedings. It is also seen that Crime No.12 of 2017 has been registered against the petitioner on the file of the All Women Police Station, Nanguneri under Section 12 of the POCSO Act. The suspension order cannot be faulted. The suspension order has been issued in view of the registration of criminal case and also in contemplation of enquiry for the grave misconduct said to have been committed by the petitioner.

7.The order of suspension cannot be questioned on the ground of jurisdiction. There are sufficient materials and cause of action for the issuance of such an order of suspension. Prayer for reinstatement is rejected. However, relief of payment of full salary beyond the period of two months of suspension is granted.

8.With this direction and observation, this writ petition is dismissed. No costs. Consequently, connected miscellaneous petitions are also dismissed.

Sd/- Assistant Registrar(CS-II) /True Copy/ Sub Assistant Registrar To 1.The District Elementary Educational Officer, Tirunelveli District, Tirunelveli.

2.The Assistant Educational Officer, Nanguneri, Tirunelveli District.

+1CC to Mr.V.John Kennedy, Advocate, SR.No. 51182 +1CC to Mr.S.R.Anbarasu, Advocate, SR.No. 51431 W.P(MD)No.2529 of 2018 and WMP(MD)Nos.2712 to 2714 of 2018 23.02.2018 SKM AM/KKKR/SAR 4/20.03.2018/3P/5C