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Madras High CourtWP(MD)/15716/2022disposed of

Shanmuga Gomathi.M v. The Commissioner Of School Education

2024-10-24Honourable Mr Justice J.Sathya Narayana Prasad6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.10.2024

CORAM:

THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD and WMP (MD) Nos.11316 and 11318 of 2022 M.Shanmuga Gomathi : Petitioner Vs.

1.The Commissioner of School Education, O/o the Commissioner of School Education, DPI Complex, College Road, Chennai 600 006.

2.The Chief Educational Officer, O/o. the Chief Educational Office, Tenkasi District.

3.The District Educational Officer, O/o. the District Educational Office, Tenkasi District.

4.The Secretary, Meenakshi Sundaram Memorial Higher Secondary School, Idaikal, Kadayanallur Taluk, Tenkasi District. 5.S.Rajasekar, Secretary, Meenakshi Sundaram Memorial Higher Secondary School, Idaikal, Kadayanallur Taluk, Tenkasi District. 1/6

6.S.Arumugam, Enquiry Officer, Chief Educational Officer (Retired), 199/l, Pennagaram Road, Dharmapuri 636 701.

: Respondents P RAYER:

Writ Petitions filed under Article 226 of the Constitution of India for issuance of Writ of Certiorari, calling for the records relating to the impugned order passed by the 6th respondent in his proceedings Nil dated 28.06.2022 and consequential impugned order passed by the 4th respondent in his proceedings Nil dated 14.07.2022 furnished and quash the same as illegal.

For Petitioner : Mr.H.Mohammed Imran for M/s.Ajmal Associates For Respondents : Mr.N.Ramesh Arumugam Government Advocate for R1 to R3 Mr.V.Meenakshi Sundaram for R4 to R6

O R D E R

Challenging the enquiry proceedings dated 28.06.2022 passed by the sixth respondent and the consequential suspension order dated 14.07.2022 passed by the fourth respondent, the petitioner has come forward with the present writ petition.

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2. When the matter was taken up for hearing, the learned counsel for the petitioner submitted that the petitioner has been reinstated by the fourth respondent vide letter dated 10.09.2022.

3. The learned counsel appearing for the fourth respondent submitted that the proposal has been sent on 12.10.2022 and subsequently, reminder has also been sent to the respondents 1 to 3 on 26.10.2022.

4. The learned Government Advocate appearing for the respondents 1 to 3 submitted that the Government had received the proposal sent by the fourth respondent/School Management dated 12.10.2022. He further submitted that an order will be passed after giving due opportunity to the petitioner as well as to the fourth respondent/School Management, within a time frame as directed by this Court.

5. In view of the submissions made by the learned counsel for the parties, this Court directs the third respondent to issue notice to the petitioner as well as the fourth respondent/School Management and 3/6

afford an opportunity of personal hearing to them and thereafter pass appropriate orders on the proposal sent by the fourth respondent/School Management dated 12.10.2022 within a period of eight weeks from the date of receipt of a copy of this order.

6. The writ petition stands disposed of with the above observation and direction. Consequently, the connected miscellaneous petitions are closed. No costs.

24.10.2024 Index : Yes / No Internet : Yes / No PKN 4/6

To 1.The Commissioner of School Education, O/o the Commissioner of School Education, DPI Complex, College Road, Chennai 600 006.

2.The Chief Educational Officer, O/o. the Chief Educational Office, Tenkasi District.

3.The District Educational Officer, O/o. the District Educational Office, Tenkasi District.

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J.SATHYA NARAYANA PRASAD , J.

PKN W.P.(MD) No.15716 of 2022 24.10.2024 6/6