D.Samraj Jebadass v. The Govt. Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.06.2023
CORAM:
THE HONOURABLE MS.JUSTICE P.T.ASHA W.P.(MD) No.10928 of 2020 D.Samraj Jebadass ... Petitioner Vs.
1.The Government of Tamilnadu Represented by its Principal Secretary, Department of School Education, Secretariat, Fort St.George, Chennai-600 009.
2.The Government of Tamilnadu Represented by its Secretary, Commercial Taxes and Registration Department, Fort St.George, Chennai-09.
3.The Inspector General of Registration, Santhome High Road, Chennai-28.
4.The Director, Directorate of Vigilance and Anti Corruption (DVAC), No.293, M.K.N.Road, Alandur, Chennai-600 016.
5.The District Superintendent of Police, Vigilance and Anti Corruption, 16/53, Masilamani Nagar, Palayamkottai, Tirunelveli-2.
6.The Inspector of Police, Vigilance & Anticorruption, Shanti Nagar, Tirunelveli-5.
7.The Director, Directorate of School Education, No.17, College Road, Chennai-600 006.
8.The District Collector, Office of the Collector, Kokkirakulam, 9.S.Backiyam The District Registrar, Cheranmahadevi, Tirunelveli District.
10.Sudalai The District Education Officer, Cheranmahadevi, Tirunelveli District.
11.Murugan Superintendent, Office of the District Education, Cheranmahadevi, Tirunelveli District.
... Respondents
Prayer :- Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing the third and fifth respondents to initiate action against 9th respondent for flouting the Circular No.7 of 2011 dated 27.07.2011 and also directing the fifth and seventh respondents to initiate action against the respondents 10 and 11 and to file a report based on the letters dated 04.06.2019 and 09.07.2019 with regard to illegal gratification obtained for approval of teaching and non-teaching appointments at CMS Evangilical Suvi David Memorial Higher Secondary Committee Karisal, Cheranmahadevi Taluk, For Petitioner : Mr.M.S.Suresh Kumar For R1 to R8 : Mr.C.Satheesh Government Advocate For R11 : Mr.T.A.Ebenezar
ORDER
This writ petition has been filed for issuance of writ of mandamus directing the respondents 3 and 4 to initiate action against 9th respondent for flouting the Circular No.7 of 2011 dated 27.07.2011 and also
directing the respondents 5 and 7 to initiate action against the respondents 10 and 11 and to file a report based on the letters dated 04.06.2019 and 09.07.2019 with regard to illegal gratification obtained for approval of teaching and non-teaching appointments at CMS Evangilical Suvi David Memorial Higher Secondary Committee Karisal, Cheranmahadevi Taluk, Tirunelveli.
2. Heard the learned counsel appearing on either side.
3. Admittedly, suit and counter suit were filed by the parties, which are now pending in appeal. That apart, the fourth respondent/ Director of Vigilance and Anti Corruption has forwarded the letter dated 01.03.2022 to the third respondent/Inspector General of Registration asking him to initiate necessary action against the ninth respondent and others in the individual capacity as per the instructions issued in the Government Memo No.1356/64/2, Public (Services-B) dated 08.04.1964 and incorporated in Para 10(3) of the Manual of the DVAC.
4. In the light of the above, this Writ Petition is disposed of with a direction to the third respondent to pass appropriate orders in accordance with the instructions issued in Government Memo No.1356/64/2, Public (Services-B) dated 08.04.1964 and incorporated in Para 10(3) of the Manual of the DVAC. No costs.
12.06.2023 NCC : Yes/No Index : Yes/No Internet : Yes/No cp To 1.The Chief Educational Officer, 2.The District Educational Officer, Cheranmahadevi, Tirunelveli District.
3.The District Registrar, Cheranmahadevi, Tirunelveli District.
P.T.ASHA, J.
cp W.P.(MD) No.10928 of 2020 Dated: 12.06.2023