Madras High CourtWP(MD)/4109/2019disposed of

C.Balamurugan, v. The Chief Educational Officer

2022-11-09Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.11.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P(MD)No.4109 of 2019 and W.M.P.(MD)No.3212 of 2019 C.Balamurugan ... Petitioner Vs.

1.The Chief Educational Officer, Chief Educational Office, Thoothukudi District.

2.The District Educational Officer, District Educational Office, Kovilpatti-628501, Thoothukudi District.

3.Ettayapura Raja Higher Secondary School, School Committee, Rep. through its Secretary, Ettayapuram, Thoothukudi District.

4.M.N.Ramkumar Advocate / Enquiry Officer, Ettayapura Raja Higher Secondary School, Ettayapuram, Thoothukudi District.

... Respondents 1/4

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records of the impugned order (2nd show cause notice) issued by the 3rd respondent in his proceedings in Na.Ka.No.1/2019 dated 11/02/2019 and received by the petitioner on 13/02/2019 and quash the same as illegal and further direct the 3rd and 4th respondents herein to reopen the domestic enquiry as against the petitioner.

For Petitioner : Mr.V.Meenakshisundaram For R1 & R2 : Mr.N.Satheeskumar Government Pleader For R3 & R4 : Mr.S.Ramesh for Mr.V.Raghavachari

ORDER

Heard the learned counsel on either side.

2. What is under challenge is the second show cause notice issued by the school management. The petitioner had filed quite a few writ petitions earlier. The petitioner had also challenged the charge memo. In the other writ petition, he obtained an interim order that the school management should not pass final order. This Writ Petition is disposed of by directing the school management to pass final order after considering further explanation / representation submitted by the writ petitioner on 19.02.2019. I make it clear that I have not gone into 2/4

the merits of the matter. The contentions of both the parties are left open. The Writ Petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed.

09.11.2022 Index : Yes / No Internet : Yes/ No rmi To 1.The Chief Educational Officer, Chief Educational Office, Thoothukudi District.

2.The District Educational Officer, District Educational Office, Kovilpatti-628501, Thoothukudi District.

G.R.SWAMINATHAN, J.

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