Murugesan P v. The Chief Educational Officer
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.10.2021
CORAM
THE HON'BLE MR. JUSTICE D.KRISHNAKUMAR W.P(MD) No.19507 of 2021 P.Murugesan ... Petitioner Vs.
1.The Chief Educational Officer, Tirunelveli District, Tirunelveli.
2.The District Education Officer, Valliyoor, Government Higher Secondary School Compound, Valliyoor.
3.The Secretary, Sri Ramakrishna Higher Secondary School, Thisayanvilai, Tirunelveli District.
... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, for the issuance of a Writ of Mandamus, directing the 2st Respondent to pass final orders in the enquiry proceedings initiated under Na.Ka.No.1157/A2/2021 dated 29.06.2021. For Petitioner : Mr.R.Murali For Respondents : Mr.S.Shanmugavel, Standing Counsel for State for R1 & R2.
O R D E R
This Writ Petition has been filed for the issue of a Writ of Mandamus,directing the 2st Respondent to pass final orders in the enquiry proceedings initiated under Na.Ka.No.1157/A2/2021, dated 29.06.2021.
2. According to the petitioner, he joined the services of the third respondent School in the year 1993 as B.T. Assistant and being a senior most teacher, he is eligible to be appointed as Head Master of the School. However, one B.Thingalarasi, was appointed as Headmistress and the said appointment was approved by the office of DEO, Cheranmagadevi by proceedings dated 26.05.2017. Challenging the said approval, the petitioner has filed a writ petition in W.P. (MD)No.10181 of 2017. This Court, by order dated 11.03.2021, disposed of the writ petition, by directing the educational 1/3
authorities to reconsider the issue after hearing all the parties concerned. Pursuant to the order of this Court, the second respondent, by proceedings dated 26.06.2021, directed the petitioner to appear for enquiry on 07.07.2021. The petitioner also appeared and gave his submissions and the second respondent has also enquired the other interested parties. Even though four months are over, the second respondent has not passed any orders based on such enquiry. Further, the petitioner was informed that the second respondent forwarded the enquiry proceedings along with report to the first respondent herein. Therefore, the petitioner has filed the present Writ Petition to pass the final orders in the enquiry proceedings initiated by the second respondent.
3. The learned Standing Counsel for State appearing for the respondents 1 and 2 would submit that the enquiry proceedings is concluded and the final order will be passed by the second respondent within the time stipulated by this Court.
4. Considering the submissions made by both the parties, this Court directs the second respondent to pass the final orders on the enquiry proceedings on its own merits and in accordance with law, as expeditiously as possible, preferably, within a period of eight
(8) weeks from the date of receipt of a copy of this order.
5. The writ petition stands disposed of with the above direction. No costs.
Sd/- Assistant Registrar (AS) // True Copy // / /2021 Sub Assistant Registrar(CS) vsm 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. To 1.The Chief Educational Officer, Tirunelveli District, Tirunelveli.
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2.The District Education Officer, Valliyoor, Government Higher Secondary School Compound, Valliyoor.
+1 CC to M/s.SPL.GP ( SR-33368[F] dated 01/11/2021 ) W.P(MD) No.19507 of 2021 29.10.2021 MGJ/JGB(17.11.2021) 3P 4C 3/3