Madras High CourtWP(MD)/4843/2022allowed

Mohandoss v. The Chief Educational Officer

2022-03-18Honourable Mrs Justice S.Srimathy2 pages

W.P.(MD).No.4843 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.03.2022

CORAM

THE HONOURABLE MRS.JUSTICE S.SRIMATHY W.P.(MD).No.4843 of 2022 and W.M.P.(MD).No.4003 of 2022 Mohandoss ... Petitioner Vs.

1.The Chief Educational Officer, Thanjavur District, Thanjavur.

2.The Block Educational Officer, Thiruvidaimaruthur, Thanjavur District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records relating to the impugned order passed by the second respondent by his proceedings in Na.Ka.No.0832/A2/2022 dated 05.01.2022, and quash the same and direct the respondents to reinstate the petitioner in service. For Petitioner : Mr.G.Karnan For Respondents : Mr.G.V.Vairam Santhosh, Additional Government Pleader.

ORDER

This Writ Petition has been filed to quash the impugned order dated 05.01.2022 directing the respondents to reinstate the petitioner in service.

2. The petitioner was suspended from service on 01.10.2022 on the ground that the petitioner was convicted by the Judicial Magistrate in S.T.C.No.76 of 2019 dated 31.08.2021. Against the judgment, the petitioner has preferred an appeal in C.A.No.54 of 2021 on the file of the Principal Sessions Judge, Thanjavur and also suspension of sentence was granted in Crl.M.P.No.4091 of 2021 dated 02.09.2021.

3. Since the sentence was suspended, this Court is inclined to direct the respondents to reinstate the petitioner into service. After completion of the Principal Sessions Judge Appeal, the respondents shall take a final call, until then the petitioner shall be allowed to continue in service.

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W.P.(MD).No.4843 of 2022

4. With the above direction, this Writ Petition is allowed. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (AD-I) // True Copy // / /2022 Sub Assistant Registrar(CS) Nsr Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The Chief Educational Officer, Thanjavur District, Thanjavur.

2.The Block Educational Officer, Thiruvidaimaruthur, Thanjavur District.

+1 CC to M/s.SPL GP ( SR-12991[F] dated 18/03/2022 ) W.P.(MD).No.4843 of 2022 18.03.2022 SS(CO) GC(30.03.2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2