Vanaja Granaf Selvakumari.F v. The Principal Secretary

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.09.2021

CORAM

THE HON'BLE MR.JUSTICE D.KRISHNAKUMAR F.Vanaja Granaf Selvakumari, (District Educational Officer, Retd), No.10/260, F, Kamarajar South Street, Baavur Sathiram Post, Tenkasi District - 627 808.

... Petitioner Vs.

1.The Principal Secretary, (School Education), St. George Fort, Chennai - 600 009.

2.The Joint Secretary, (School Education Department), St. George Fort, Chennai - 600 009.

3.The Commissioner of School Education, School Education Department, DPI Complex, Chennai - 600 006.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Mandamus, directing the 1st respondent to pass order in the enquiry report submitted by the 2nd Enquiry Officer/Joint Director, School Education (Technical) dated 19.08.2019 by considering the explanation submitted by the petitioner dated 11.03.2020 and the order passed by this High Court in W.P.(MD).No.3799/2016 dated 28.02.2020 as per the representation made by the petitioner dated 17.06.2021 within the time limit as prescribed by this Court and pass such further or other orders as this Court.

For Petitioner :

Mr.K.C.Ramalingam For Respondents :

Mr.A.K.Manikkam, Standing Counsel for State.

O R D E R

This Writ Petition has been filed for directing the first respondent to pass order in view of the enquiry report submitted by the second respondent Enquiry Officer/Joint Director, School Education (Technical) dated 19.08.2019 by considering the explanation submitted by the petitioner dated 11.03.2020 and the 1/3

order passed by this Court in W.P.(MD).No.3799/2016 dated 28.02.2020 as per the representation made by the petitioner dated 17.06.2021 within the time limit as prescribed by this Court. 2.According to the petitioner, the respondents had framed charges against the petitioner and consequently an Enquiry Officer was appointed. The Enquiry Officer had submitted a report dated 19.08.2019 to the first respondent. Based on the said enquiry report, a show cause notice was served on the petitioner and the petitioner has submitted his explanation to the respondents on 11.03.2020. So far, no final order has been passed by the respondents. Hence the petitioner has filed the writ petition before this Court.

3.By consent of both parties, this Writ Petition is taken up for final disposal at the admission stage itself. 4.The prayer sought for by the petitioner is to direct the first respondent to pass final orders, based on the enquiry report dated 19.08.2019 submitted by the second respondent. Even though the explanation has been submitted by the petitioner as early as on 11.03.2020, no final orders has been passed. The petitioner attained superannuation on 30.04.2017.

5.In view of the aforesaid facts as well as the prayer sought for in the Writ Petition, this Court is inclined to direct the first respondent to consider the representation dated 17.06.2021 and pass final orders on merits and in accordance with law as expeditiously as possible within a period of twelve (12) weeks from the date of receipt of a copy of this order.

6.With the above directions, the Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar (A.D II) // True Copy // / /2021 Sub Assistant Registrar(CS) mnr/btr Note:

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

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To 1.The Principal Secretary, (School Education), St. George Fort, Chennai - 600 009.

2.The Joint Secretary, (School Education Department), St. George Fort, Chennai - 600 009.

3.The Commissioner of School Education, School Education Department, DPI Complex, Chennai - 600 006.

+1 CC to M/s.K.C.RAMALINGAM, Advocate (SR-30072[F] dated 23/09/2021) +1 CC to M/s.SPL. GP ( SR-30123[F] dated 24/09/2021 ) W.P.(MD).No.17213 of 2021 23.09.2021 SRK(CO) RS (07.10.2021) 3P 6C 3/3