Madras High CourtWP(MD)/665/2018dismissed

Kodi C.Pechiyammal v. The Director Of School

2018-01-11Honourable Mr Justice G.R.Swaminathan2 pages

.BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.01.2018

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P. (MD) No.665 of 2018 Kodi.C.Pechiyammal .. Petitioner Vs.

1.The Director of School Education, DPI Buildings, College Road, Chennai-06.

2.The Chief Educational Officer, Madurai District, Tallakuam, Madrai-02.

3.The District Elementary Educational Officer, Madurai District, RMS Road, Madurai-01.

4.The District Collector, Madurai District, Madurai.

5.Manimegalai Headmistress, Kamarajar Middle School, Sholavandhan Middle School, Sholavandhan - 625 234, Madurai.

.. Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, to direct the Respondents 1 to 4 to take necessary disciplinary action against the fifth respondent based on F.I.R. in Crime No.633 of 2017 on the file of the Sholavandhan Police Station dated 10.12.2017 by considering the petitioner's representation dated 12.12.2017 For petitioner : Mr.V.Muthukamatchi For R-1 to R-3 : Mrs.S.Srimathy Special Government Pleader ****** https://hcservices.ecourts.gov.in/hcservices/

O R D E R

*********** Mrs.S.Srimathy, learned Special Government Pleader takes notice for the Respondent Nos.1 to 3.

2. Heard Mr.V.Muthukamatchi, learned Counsel appearing for the petitioner and Mrs.S.Srimathy, learned Special Government Pleader appearing for the Respondent Nos.1 to 3.

3. The writ petitioner is working as a Noon Meal Organiser in Kamarajar Middle School at Sholavandhan, Madurai. She belongs to a reserved Community. The case of the writ petitioner is that the fifth respondent who is the Headmistress of the very same School had abused her by referring to her caste. Therefore, a criminal case was registered against the fifth respondent.

4. The present writ petition is for directing the authority to take disciplinary action against the fifth respondent, in view of the registration of the said criminal case. Whether to take action against the fifth respondent or not is to be decided solely by the disciplinary authorities concerned. It is not open to the writ petitioner to demand that the disciplinary authority must take action against the fifth respondent. The writ petitioner's right has in no way been infringed. It is a matter between the employer and employee. The writ petitioner has no locus standi at all.

5. This Writ Petition stands dismissed. No costs. Sd/- Assistant Registrar(RTI) /True Copy/ Sub-Assistant Registrar To 1.The Director of School Education, DPI Buildings, College Road, Chennai-06.

2.The Chief Educational Officer, Madurai District, Tallakuam, Madrai-02.

3.The District Elementary Educational Officer, Madurai District, RMS Road, Madurai-01.

4.The District Collector, Madurai District, Madurai. +One cc to The Special Government Pleader, SR.No.42317 +One cc to Mr.V.Muthu Kamatchi, Advocate, SR.No.42442 kmi RL/7C/2P/KK/SAR1/14/2/2018 ORDER MADE IN W.P. (MD) No.665 of 2018 https://hcservices.ecourts.gov.in/hcservices/ 11.01.2018