Madras High CourtWP(MD)/6239/2019withdrawn dismissed

R.Shanmuganathan, v. The Principal Secretary To

2019-06-26Honourable Mr Justice D. Krishnakumar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.06.2019

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P.(MD)No.6239 of 2019 and W.M.P.(MD)No.4982 of 2019 R.Shanmuganathan ... Petitioner Vs.

1. The Principal Secretary to Government, School Education Department, Fort St. George, Chennai.

2. The Director of School Education, College Road, Chennai - 6.

3. The Joint Director of School Education (Personnel), O/o. Director of School Education, College Road, Chennai - 6.

4. The Chief Educational Officer, Ramanathapuram District.

5. The District Educational Officer, Paramakudi, Ramanathapuram District.

6. Mr.P.Chandrasekaran, The District Educational Officer, Paramakudi, Ramanathapuram District.

7. Mr.S.Ramachandran ... Respondents Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Certiorarified Mandamus, to call for the records relating to the impugned order passed by the third respondent, vide his proceedings in Na.Ka.No.003253/A3/E1/2019, dated 08.03.2019, quash the same and consequently, direct the respondents 1 to 4 to permit the petitioner to continue as Superintendent in the fourth respondent Office.

For Petitioner : Mr.P.Gunasekaran For R1 to R5 : Mrs.S.Srimathy Special Government Pleader For R7 : Mr.Veera Kathiravan Senior Counsel for M/s.Veera Associates

ORDER

This Writ Petition has been filed seeking to quash the impugned order passed by the third respondent, vide his proceedings in Na.Ka.No.003253/A3/E1/2019, dated 08.03.2019, and consequently, direct the respondents 1 to 4 to permit the petitioner to continue as Superintendent in the fourth respondent Office.

2.Today, when the matter is taken up for hearing, the petitioner has filed an affidavit dated 26.06.2019 stating that he may be permitted to Withdraw this Writ Petition with liberty to pursue his grievances before the competent authority in respect of the allegations levelled against the respondents 6 and 7. 3.The learned Senior Counsel appearing for the seventh respondent has objected to the said request and submitted that in view of the allegations made by the petitioner in the Writ Petition, an enquiry was conducted by the Deputy Superintendent of Police and he has submitted a report, as no materials for making the allegations against the seventh respondent.

The learned Senior Counsel further submitted pending enquiry, as directed by this Court, the seventh respondent was transferred from Paramakudi to Tiruchendur and in view of withdrawal of this Writ Petition, the respondent Department may consider and pass appropriate order for re-transferring the seventh respondent to the original place. 4.In response to the above said submissions, the learned Special Government Pleader appearing for the respondents 1 to 5 submitted that the re-transfer of the seventh respondent will be considered by the respondent Department in any of the vacancy arises in the same District.

5.In the light of the abovesaid submissions, this Writ Petition is dismissed without any liberty. No costs.

Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar (CS-III) // True Copy // Sub Assistant Registrar(CS) Smn2