K.Periyasamy, Office Assistant v. The Joint Director Secondary

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.06.2019

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR Writ Petition (MD).No.5998 of 2016 and W.M.P.(MD).No.5316 of 2016 K.Periyasamy ... Petitioner Vs.

1.The Joint Director Secondary, Directorate of School Education, College Road, Chennai-600 006.

2.The Chief Educational Officer, Office of Chief Educational Officer, Trichy.

3.The District Educational Officer, Office of the District Educational Officer, Trichy.

4.The Correspondent, C.E.Higher Secondary School, Vannarapet, Puthur, Trichy-17.

5.M.James ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus, by calling for the records relating to the impugned order of suspension of the 4th respondent dated 17.03.2016 and the consequential impugned charge memo of the 4th respondent dated 17.03.2016 quash the same and consequently direct the respondents herein to regularize the period of suspension of the petitioner with all monetary and service benefits.

For Petitioner : Mr.K.Appadurai For Respondents 1 to 3 : Mrs.S.Srimathy, Special Government Pleader For Respondents 4 & 5 : Mr.T.Cibi Chakraborthy

O R D E R

The petitioner was placed under suspension, pending enquiry into grave allegation of misconduct in the school. Challenging the said order, the petitioner has filed the present writ petition before this Court.

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2.The learned counsel appearing for the fourth respondent would submit that the enquiry has been conducted and report has also been submitted to the Management. He would further submit that the subsistence allowance has been paid to the petitioner till February 2018. Further, the learned counsel for the fourth respondent undertakes that the final order will be passed in the aforesaid departmental enquiry within a period of two months from the date of receipt of a copy of this order.

3.By accepting the said submissions, this writ petition is disposed of. However, if any non-payment of subsistence allowance for the remaining period, it is open to the petitioner to approach the Management as well as the authority for payment of subsistence allowance. No costs. Consequently, the connected W.M.P.(MD).No.5316 of 2016 is closed.

Sd/- Assistant Registrar(Records) /TRUE COPY/ Sub Assistant Registrar(CS ) To:

1.The Joint Director Secondary, Directorate of School Education, College Road, Chennai-600 006.

2.The Chief Educational Officer, Office of Chief Educational Officer, Trichy.

3.The District Educational Officer, Office of the District Educational Officer, Trichy.

+1 CC to Mr.K.APPADURAI, Advocate SR-69842.

+1 CC to M/s.ISAAC CHAMBERS, Advocate SR-69959. +1 CC to SPL GP SR-70466.

Writ Petition (MD).No.5998 of 2016 and W.M.P.(MD).No.5316 of 2016 19.06.2019 CS: 11/07/2019 2P 7C https://hcservices.ecourts.gov.in/hcservices/