Grace Jayalaitha v. The Chief Educational Officer
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.08.2022
CORAM:
THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD)No.16333 of 2022 and W.M.P.(MD)No.11796 to 11798 of 2022 Grace Jayalalitha ... Petitioner /vs./ 1.The Chief Educational Officer, Ramanathapuram District.
2.The District Educational Officer, Mandapam, Ramanathapuram District.
3.The Block Educational Officer, Mandapam, Ramanathapuram Ramanathapuram District.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, to call for the records of the impugned order dated 08.10.2021 vide proceedings in R.C.No.0528/A4/2019 by the 2nd respondent and quash the same as illegal and arbitrary.
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For Petitioner : Mr.S.Pugalendhi For Respondents : Mr.S.Shaji Bino, Special Government Pleader.
ORDER
By an order dated 08.10.2021, the petitioner herein, who was a Headmistress in the Panchayat Union Elementary School, Sudukattanpatti, Mandapam Union, Ramanathapuram District, was placed under suspension under Rule 17(e) (1) of the Tamil Nadu Civil Services (Discipline and Appeal) Rules. During the pendency of the suspension period, she was paid to the subsistence allowance.
2. As against the order of suspension, the petitioner herein claims to have filed an appeal on 17.10.2021, before the first respondent herein and since the appeal was not considered within time, she has filed the present writ petition. When an appeal, as against the the same impugned order, has already been preferred by the petitioner herein before the higher authorities, it would not be appropriate for this Court to parallelly adjudicate the claim of the petitioner to revoke the order of suspension. 2/4
Nevertheless, if the petitioner herein is directed to dispose of the appeal within a stipulated time, the ends of justice could be secured.
3. In the light of the above observations, no interference is required to the impugned order. However, there shall be a direction to the first respondent herein to dispose of the petitioner's appeal dated 17.10.2021, within a period of eight (8) weeks from the date of receipt of a copy of this order, if not already disposed of.
4. This Writ Petition stands ordered accordingly. No costs. Consequently, connected miscellaneous petitions are closed. 30.08.2022 vsm Index : Yes / No Internet : Yes/No 3/4
M.S.RAMESH, J.
vsm To 1.The Chief Educational Officer, Ramanathapuram District.
2.The District Educational Officer, Mandapam, Ramanathapuram District.
3.The Block Educational Officer, Mandapam, Ramanathapuram Ramanathapuram District.
Order made in W.P.(MD) No.16333 of 2022 Dated:
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