Madras High CourtWP(MD)/11716/2022disposed of

Arunkumar.B v. The Chief Educational Officer

2022-06-15Honourable Mr Justice M.S. Ramesh2 pages

W.P.(MD).No.11716 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.06.2022

CORAM

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD).No.11716 of 2022 B.Arunkumar ... Petitioner Vs.

The Chief Educational Officer, O/o. the Chief Educational Officer, Dindigul, Dindigul District.

... Respondent Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondent to revoke the suspension by considering the report of the Internal Complaints Committee dated 25.05.2022 within the time stipulated by this Court.

For Petitioner : Mr.S.Louis For Respondent : Mr.S.Shaji Bino, Special Government Pleader.

ORDER

By consent of both the parties, this Writ Petition is taken up for final disposal.

2. The petitioner herein had given a representation to the respondent on 06.06.2022 seeking to revoke the suspension. Since the said representation was not considered, the present Writ Petition has been filed.

3. It is needless to point out that whenever a representation of this nature is made to a Statutory Authority, there is a duty cast upon the respondent to consider the same on its own merits and pass appropriate orders in one way or other, instead of keeping the same pending indefinitely. As such, non-consideration of the representation by the Statutory Authority would amount to dereliction of duty and hence, this Court will be justified in invoking its extraordinary powers under Article 226 of Constitution of India and direct them to consider the same within a stipulated time.

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W.P.(MD).No.11716 of 2022

4. In the light of the above observations, there shall be a direction to the respondent herein to consider the petitioner's representation dated 06.06.2022, in the light of the Internal Complaints Committee's report dated 25.05.2022, on its own merits and pass appropriate orders in accordance with law, within a period of two (2) weeks from the date of receipt of a copy of this order. It is made clear that this Court has not expressed any of its views with regard to the merits of the claim of the petitioner and that it is open to the concerned respondent to consider the same on its own merits.

5. With the above direction, the Writ Petition stands disposed of. There shall be no order as to costs.

Sd/- Assistant Registrar (C.O) // True Copy // /06/2022 Sub Assistant Registrar(CS) Lm To The Chief Educational Officer, O/o. the Chief Educational Officer, Dindigul, Dindigul District.

+1 CC to M/s.S. LOUIS, Advocate ( SR-25982[F] dated 15/06/2022 ) +1 CC to M/s.SPL.GP. ( SR-26408[F] dated 17/06/2022 ) W.P.(MD).No.11716 of 2022 15.06.2022 SS(28/06/2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2