Jomy James M v. The Principal Secretary

1 W.P.(MD)NO.14648 OF 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.06.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.14648 of 2023 AND W.M.P.(MD)Nos.12368 & 12369 of 2023 M.Jomy James ... Petitioner Vs.

1. The Principal Secretary, School Education Department, Chennai - 9.

2. The Director of School Education, DPI Campus, College Road, Chennai - 6.

3. The Chief Educational Officer, Nagercoil, Kanyakumari District -1.

4. The District Educational Officer, Kuzhithurai, Marthandam, Kanyakumari District -165.

5. The Correspondent, Holy Family, High School, Arukany Kaliyal(Via), Kanyakumari District -101.

... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the 1/6

2 W.P.(MD)NO.14648 OF 2023 records relating to the impugned proceedings issued by the 5th respondent in Ref.No.19/12 dated 20.08.2013 and to quash the same and to issue consequential direction to the 5th respondent to reinstate the petitioner into service with consequential benefit of continuity of service extra.

For Petitioner : Mr.C.Muthusaravanan For R-1 to R-4 : Mr.N.Satheeshkumar, Additional Government Pleader.

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O R D E R

Heard the learned counsel appearing for the writ petitioner and the learned Additional Government Pleader appearing for respondents 1 to 4.

2. The petitioner was working as Secondary Grade Teacher in the fifth respondent school. By the impugned order dated 20.08.2013, he was dismissed from service on the charge of having misbehaved with a girl student. The petitioner was parallelly prosecuted before the criminal Court in C.C.No.248 of 2012 on the file of the Judicial Magistrate No.I, Kuzhithurai. Vide judgment dated 04.03.2016, the petitioner was found guilty and also sentenced into a term of imprisonment. Aggrieved by the same, the petitioner filed Criminal Appeal No.38 of 2016 before the 2/6

3 W.P.(MD)NO.14648 OF 2023 Additional District and Sessions Judge, Kuzhithurai. On 26.08.2022, the appellate Court set aside the judgment of the trial Court and acquitted the petitioner herein. Since the criminal proceedings have ended in favour of the petitioner, the petitioner has now come forward to question the impugned order.

3. The learned counsel appearing for the writ petitioner reiterated all the contentions set out in the affidavit filed in support of the writ petition and called upon this Court to set aside the impugned order and grant relief as prayed for.

4. I am not persuaded by the said submissions of the learned counsel appearing for the petitioner. This is for more than one reason. The allegation made against the petitioner is that he had misbehaved with a girl student who was a minor. The dismissal order was passed as early as on 20.08.2013. The petitioner has come to this Court after a lapse of ten years.

5. It is true that during the intervening period, the petitioner was facing prosecution before the criminal Court and that the proceedings 3/6

4 W.P.(MD)NO.14648 OF 2023 ended in favour of the petitioner in the year 2022. That cannot be a ground for coming to the Court belatedly. It is well settled that even after acquittal, the delinquent can be departmentally dealt with. In this case, the petitioner was found guilty in the departmental proceedings and dismissed from service in the year 2013 itself. Therefore, subsequent acquittal in the criminal case cannot have any bearing on the departmental proceedings. Since the standard of proof obtaining in the departmental proceedings and before the criminal Court are different, the fact that the petitioner has obtained acquittal at the hands of the criminal Court cannot enure in his favour. The outcome of the departmental proceedings should have been put to challenge independently. The petitioner was a teacher.

The allegation made against the petitioner is very serious. The mother of the victim was examined. The school management has passed a speaking order. I do not find any ground to interfere at this point of time. This writ petition stands dismissed primarily on the ground of laches. No costs. Consequently, connected miscellaneous petitions are closed.

22.06.2023 NCS : Yes / No Index : Yes / No Internet : Yes / No PMU 4/6

5 W.P.(MD)NO.14648 OF 2023 To:

1. The Principal Secretary, School Education Department, Chennai - 9.

2. The Director of School Education, DPI Campus, College Road, Chennai - 6.

3. The Chief Educational Officer, Nagercoil, Kanyakumari District -1.

4. The District Educational Officer, Kuzhithurai, Marthandam, Kanyakumari District -165.

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6 W.P.(MD)NO.14648 OF 2023 G.R.SWAMINATHAN,J.

PMU W.P.(MD)No.14648 of 2023 22.06.2023 6/6