S.K.Ramanathan v. The Chief Educational Officer
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.04.2024
CORAM:
THE HONOURABLE MS.JUSTICE R.N.MANJULA W.P.(MD) No.10625 of 2024 S.K.Ramanathan ... Petitioner Vs.
1.The Chief Educational Officer Office of the Chief Educational Officer, Thanjavur.
2.The District Educational Officer (Elementary), Office of District Educational Officer, Thanjavur.
3.R.Arunachalam Coordinator, Government School Protection Federation, Thanjavur.
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4.K.Chandru District Secretary, Indian Youth Federation, Thanjavur District Committee, 17, East Street, Ganapathy Nagar, Thanjavur - 613 001.
5.E.Vasanthi District Secretary, All India Democratic Women's Federation, Thanjavur.
...Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the respondents 1 and 2 herein to forthwith consider and dispose of the complaints of respondents 3 to 5 herein, dated 20.10.2022 and 26.10.2022 against the petitioner.
For Petitioner : Mr.V.S.Kumara Guru For Respondents : Mr.T.Amjadkhan - for R1 & R2 Government Advocate 2/7
ORDER
The present writ petition has been filed seeking a Writ of Mandamus to direct the respondents 1 and 2 herein to forthwith consider and dispose of the complaints of respondents 3 to 5 herein, dated 20.10.2022 and 26.10.2022 against the petitioner.
2. Heard Mr.V.S.Kumara Guru, learned counsel for the petitioner and Mr.T.Amjadkhan, learned Government Advocate appearing for the respondents 1 and 2.
3. In view of the order now passed by this Court, notice to the respondents 3 to 5 is dispensed with.
4. By consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself. 3/7
5. The learned counsel for the petitioner submitted that the petitioner is working as a Secondary Grade Teacher in Sakkarasamantham Panchyat Union Middle School, Thanjavur. While so, the respondents 3 to 5 have given false complaints against the petitioner at the instance of some teachers against whom the petitioner gave a complaint for their irregularities and illegalities in discharging their duties. The petitioner also approached the first respondent to consider and dispose of the complaints pending against him, at the instance of the respondents 3 to 5, but ended in vain. Hence, the present writ petition has been filed.
6. The respondents 3 to 5, who are third parties have given a complaint against the petitioner. Since the complaint given against the Government servant by third parties can also prevent their career progressions by having a file pending against them, the same has to be disposed of by the respondents 1 and 2. 4/7
7. In view of the above, there shall be a direction to the respondents 1 and 2 herein to dispose of the complaints of the respondents 3 to 5 dated 26.10.2022 and 26.10.2022 against the petitioner, on merits and pass appropriate orders in accordance with law, within a period of four weeks from the date of receipt of a copy of this order. It is made clear that this Court has not gone into the merits of the claim of the petitioner and it is open to the respondents 1 and 2 to consider the same on its own merits.
8. With the above direction, the Writ Petition stands disposed of. No costs.
29.04.2024 Index : Yes / No Internet : Yes / No NCC : Yes / No RM 5/7
To 1.The Chief Educational Officer Office of the Chief Educational Officer, Thanjavur.
2.The District Educational Officer (Elementary), Office of District Educational Officer, Thanjavur.
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R.N.MANJULA , J.
RM Order made in W.P.(MD)No.10625 of 2024 Dated:
29.04.2024 7/7