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Madras High CourtWP(MD)/19710/2016disposed of

T.Thiruselvan, v. The Joint Director Of School

2016-10-17Honourable Dr. Justice S. Vimala4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.10.2016

CORAM:

THE HONOURABLE DR.JUSTICE S.VIMALA W.P(MD)No.19710 of 2016 T.Thiruselvan : Petitioner Vs.

1.The Joint Director of School Education (Personnel), Directorate of School Education, DPI Complex, College Road, Chennai - 06.

2.The Chief Educational Officer, Virudhunagar District, Virudhunagar.

: Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents to furnish the documents requested by the petitioner, in his representation, dated 10.09.2016 and thereafter complete and conclude the disciplinary proceedings initiated under the charge memo dated 08.05.2015 of the first respondent within a reasonable time period to be fixed by this Court.

For Petitioner : Mr.N.Dilipukumar For Respondents : Mr.M.Murugan, Government Advocate.

O R D E R

The petitioner has filed this writ petition praying for a direction to the respondents to furnish the documents mentioned in Annexure III of the charge memo, dated 08.05.2015. The documents, which are sought for, find a place in the representation, dated 10.09.2016, which reads as under:

"1.A copy of the report in Lr.R.C.No.5031/A2/2014, dated 17.07.2014 which is cited as reference No.1 to the proceedings of the Joint Director of School Education (Personnel) R.C.No.081751/C3/S3/2014 dated 26.11.2014 is needed.

2.A copy of the report dated 20.09.2014 of the Sub Inspector Criminal Offences Wing, Kottar Police Station, Kanyakumari District, which is cited as No.2 to the proceedings of the Joint Director of School Education (Personnel) R.C.No.081751/C3/S3/2014 dated 26.11.2014 is needed.

3.A copy of the report in e.f.vz;.7137/212/2014 ehs; 26.09.2014 which is cited as reference No.1 to the Proceedings of the Joint Director of School Education e.f.vz;.081751/C3/S3/2014 ehs;

08.05.2015 is needed".

2.0.The petitioner is a person interested in English Literature having himself qualified in B.A.(English), M.A. (English) and B.Ed.(English). The petitioner passed the examination conducted by the Teachers Recruitment Board, during 2003-2004. He was appointed as B.T. Assistant Teacher in English on 12.07.2004. His appointment was regularised on 01.06.2006 and probation is declared as completed on 31.05.2008. He was working in the Government Higher Secondary School, Sankarapandiyapuram, Virudhunagar District and now he has been transferred and working in Government High School, Marungoor, Nagapattinam District. Because of the family dispute between himself and his wife, the petitioner filed a petition in H.M.O.P.No.80 of 2012 seeking divorce on 18.08.2012 and it is pending in C.M.A.No.14 of 2015.

2.1.The petitioner's wife lodged a complaint against him before Kottar Police Station on 20.09.2014, under which, a case has been registered in Crime No.785 of 2014 for the offences under Sections 294(b), 323, 506(ii) IPC and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act. As the petitioner came to be arrested in connection with the criminal case, he was remanded to judicial custody and later on he was released on bail. Consequent to the arrest, suspension order was issued against him on 26.11.2014. Thereafter, challenging the order of suspension, the petitioner filed W.P(MD)No.7513 of 2015. But, the writ petition came to be dismissed. Thereafter, a charge memo dated 08.05.2015 was issued to the petitioner. The

petitioner has promptly submitted his reply. In the reply also, the petitioner has sought for the copies of documents, which are mentioned in Annexure III to the charge memo. The petitioner has also made a representation to the second respondent on 10.09.2016, seeking to furnish the copies of documents. Since, they have not been furnished to the petitioner, he has come up with this writ petition. 3.Mr.M.Murugan, learned Government Advocate, takes notice for the respondents. By consent, the writ petition itself is taken up for final disposal.

4.The learned counsel appearing for the petitioner submitted that the only legitimate prayer of the petitioner is that he must be supplied with copies of documents that he has consistently asked for and that the enquiry must be completed within a reasonable period of time, as the chances of promotion is getting affected.

5.The learned counsel for the petitioner fairly submitted that the respondents would be prompt enough to consider the representation and also to complete the enquiry within a reasonable period of time.

6.Heard the learned Government Advocate appearing for the respondents.

7.Considering the facts and circumstances of the case and also considering the nature of the charge alleged against the petitioner herein i.e., non-furnishing of information regarding his arrest, the respondents are directed to furnish the copies of documents mentioned in Annexure III of the charge memo dated 08.05.2015, which are sought for by the petitioner in his representation, dated 10.09.2016, within a period of one week, from the date of receipt of a copy of this order and to complete the enquiry within a period of six weeks, thereafter.

8.With the above directions, the writ petition is disposed of. No costs.

Sd/- Assistant Registrar(AE) /True Copy/ Sub Assistant Registrar

To 1.The Joint Director of School Education (Personnel), Directorate of School Education, DPI Complex, College Road, Chennai - 06.

2.The Chief Educational Officer, Virudhunagar District, Virudhunagar.

+1 cc to MR.N.DILIPKUMAR, Advocate SR.No.60987 ORDER MADE IN W.P(MD)No.19710 of 2016 17.10.2016 SMA/CK/4.11.2016:4P/4C