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Madras High CourtWP(MD)/15137/2019disposed of

T.Kulasekara Pandian v. The Director Of School

2019-07-10Honourable Mr Justice D. Krishnakumar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.07.2019

CORAM

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P.(MD) No.15137 of 2019 and W.M.P.(MD) Nos.11637 & 11638 of 2019 T.Kulasekaran Pandian

...Petitioner

Vs.

1.The Director of School Education, O/o. the Director of School Education, DPI Campus, Chennai - 6.

2.The Joint Director of School Education (Higher Secondary), O/o.The Joint Director of School Education (Higher Secondary), DPI Campus, Chennai - 6.

3.The Chief Educational Officer, O/o. the Chief Educational Officer, Ramanathapuram, Ramanathapuram District.

4.The Disciplinary Authority, The District Educational Officer, O/o. the District Educational Officer, Paramakudi, Ramanathapuram District.

...Respondents

PRAYER : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order in Na.ka.No.7584 / Aa1 / 2018 dated 04/01/2019 on the file of the respondent No.4 and quash the same as illegal and consequently direct the respondents 1 to 4 to permit the petitioner to participate in the General Transfer Counseling for the year 2019-20 within the time period stipulated by this Court.

For Petitioner : Mr.T.Lajapathi Roy For Respondents : Mrs.S.Srimathy Special Government Pleader

ORDER

This Writ Petition has been filed to quash the impugned order passed in Na.ka.No.7584 / Aa2 / 2018 dated 04/01/2019 by the fourth respondent and to direct the respondents permit the petitioner to participate in the General Transfer Counseling for the year 20192020. 2.The grievance of the petitioner is that a case in Cr.No.326 of 2018 has been registered against him. Aggrieved by the same, he has filed Crl.O.P.(MD) No.5263 of 2019 before this Court and this Court by order dated 23.04.2019 has quashed the said FIR. Thereafter, the petitioner made a representation dated 19.06.2019 to the respondents for withdrawal of charge memo as per Rule 17(b) of Tamil Nadu Civil Services (Discipline and Appeal) Rules. But on such representation till date no action has been taken by the respondents.

3.The learned Special Government Pleader appearing for the respondents would submit that the representation of the petitioner would be considered as expeditiously as possible on merit and in accordance with law.

4.Considering the facts and circumstances of the case, this Court is inclined to pass the following order: the fourth respondent is directed to consider the petitioner's representation dated 19.06.2019 on merits and in accordance with law within a period of one week from the date of receipt of a copy of this order;

5.This Writ Petition is disposed of with the above direction. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar (CO) // True Copy // Sub Assistant Registrar(CS) To 1.The Director of School Education, O/o. the Director of School Education, DPI Campus, Chennai - 6.

2.The Joint Director of School Education (Higher Secondary), O/o.The Joint Director of School Education (Higher Secondary), DPI Campus, Chennai - 6.

3.The Chief Educational Officer, O/o. the Chief Educational Officer, Ramanathapuram, Ramanathapuram District.

4.The Disciplinary Authority, The District Educational Officer, O/o. the District Educational Officer, Paramakudi, Ramanathapuram District.

+1cc to Mr.T.LAJAPATHI ROY, Advocate, SR.No.74715 W.P.(MD) No.15137 of 2019 10.07.2019 MM KK/SAR/12.07.2019/3P-6C