Madras High CourtWP(MD)/22937/2018dismissed

P.Julius Ravhichandran v. The Joint Director Of School

2018-12-10Honourable Mr Justice R. Subramanian2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 10.12.2018

CORAM

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN W.P.(MD)No.22937 of 2018 P.Julius Ravichandran ... Petitioner Vs.

1. The Joint Director of School Education, Higher Secondary, Chennai 600 006.

2. The Chief Education Officer, Kokkirakulam, Tirunelveli District, Tirunelveli.

... Respondents Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, to direct the respondents to revoke the suspension of the petitioner made through the proceedings of the second respondent in R.C.No.7133/D1/2018, dated 03.09.2018 and to reinstate the petitioner forthwith.

For Petitioner : Mr.V.Angusamy For Respondents : Mrs.S.Srimathy Special Government Pleader

O R D E R

The petitioner seeks a writ of mandamus, directing the respondents to revoke the order of suspension, dated 03.09.2018. 2.From the records, it is seen that the petitioner was suspended pending enquiry into the grave charges with regard to criminal case filed against him by the District Child Protection Officer. The petitioner has not challenged the order of suspension, but he seeks a writ of mandamus directing the respondents to revoke the order of suspension.

https://hcservices.ecourts.gov.in/hcservices/ 3.I am of the considered opinion that such a mandamus cannot be issued that too directing the employer to revoke the order

of suspension of an employee, where it is stated that an enquiry is contemplated into grave charges. Hence, this writ petition fails and it is dismissed, leaving it open to the writ petitioner to challenge the order of suspension, if he is so advised. No costs. Sd/- Assistant Registrar (Writs) /True Copy/ Sub Assistant Registrar (CS-IV) To

1. The Joint Director of School Education, Higher Secondary, Chennai 600 006.

2. The Chief Education Officer, Kokkirakulam, Tirunelveli District, Tirunelveli.

+ 1 CC TO Mr.V.ANGUSAMY, ADVOCATE IN SR No. 99746 + 1 CC TO SPECIAL GOVERNMENT PLEADER IN SR No. 99636 RMI TE/BK/SAR-4 : 26/12/2018 : 2P/5C order made in W.P.(MD)No.22937 of 2018 10.12.2018 https://hcservices.ecourts.gov.in/hcservices/