Palanisamy K v. The Director Of Elementary Education

-BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.07.2024

CORAM:

THE HONOURABLE MS.JUSTICE R.N.MANJULA W.P.(MD) No.15827 of 2024 and W.M.P.(MD)Nos.13771 and 13773 of 2024 K.Palanisamy ... Petitioner Vs.

1.The Director of Elementary Education, Perasiriyar Anbazhagan Kalvi Valagam, College Road, Chennai-600 006.

2.The District Educational Officer (Elementary), Karur, Karur District.

3.The Block Educational Officer, Kadavur Block, Karur District.

... Respondents 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 relating to the impugned order issued by the second respondent in Rc.No.352/B1/2022 dated 13.06.2024 and to quash the same and consequently directing the respondents to reinstate the petitioner into service with all consequential and other attendant benefits.

For Petitioner : Mr.F.Deepak For Respondents : Mr.M.Sidharthan Additional Government Pleader 1/6

ORDER

This writ petition has been filed challenging the order dated 13.06.2024 in Rc.No.352/B1/2022 made by the second respondent, through which the petitioner was kept under suspension on the allegation that the petitioner had falsified the Government records with an intention to avail undue benefits and indulged in acts that indicate questionable integrity on the part of the petitioner. 2.Heard Mr.F.Deepak, learned counsel for the petitioner and Mr.M.Sidharthan, learned Additional Government Pleader for the respondents.

3.By consent of both parties, this writ petition is taken up for final disposal at the admission stage itself. 4.The petitioner has been given with a charge memo dated 19.06.2024 alleging that the petitioner at the time joining in service as B.T.Assistant (Maths) in the year 2010 under direct recruitment, had produced a false community certificate. Consequently, the petitioner was placed under suspension.

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5.The learned counsel for the petitioner submitted that the petitioner has got the community certificate on 24.02.1994 from the Revenue Divisional Officer, Palani. Further, the petitioner was appointed in the year 2010 and his probation was also declared. Thereafter, the order of suspension was issued, based on the enquiry conducted in pursuant to the complaint received from a third party. 6.The learned Additional Government Pleader appearing for the respondents submitted that the community certificate of the petitioner was forwarded for verification. The report was received from the Tahsildar, Palani dated 30.12.2023, stating that there is no community certificate in Serial No.034697, dated 24.02.1994. He further submitted that further investigation in this regard is pending. 7.

The enquiry with regard to the genuineness of the petitioner's community certificate is pending. If the petitioner's community certificate is found to be false, then the petitioner will have to face serious consequences. However, pending enquiry, the representation made by the petitioner to revoke his suspension shall be considered by the respondent on its own merits as expeditiously as possible.

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8.It is also made clear that during enquiry, if the community certificate produced by the petitioner is not available in the Government records for verification, then the genuineness of the petitioner's community itself has to be verified. This is, in view of the fact that since the petitioner's community certificate is of the year 1994 and at this length of time, it may not be possible to verify the back records in the concerned department. Hence, the enquiry shall also be made to ascertain the genuineness of the petitioner's community itself. 9.With the above direction, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed. 15.07.2024 Index : Yes / No Internet : Yes / No NCC : Yes / No ta 4/6

To 1.The Director of Elementary Education, Perasiriyar Anbazhagan Kalvi Valagam, College Road, Chennai-600 006.

2.The District Educational Officer (Elementary), Karur, Karur District.

3.The Block Educational Officer, Kadavur Block, Karur District.

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R.N.MANJULA , J.

ta W.P.(MD)No.15827 of 2024 15.07.2024 6/6