Rathika v. The Director Of Elementary Education
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.07.2025
CORAM:
THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH and W.M.P.(MD)Nos.15140 and 15141 of 2025 Rathika ... Petitioner -vs1.The Director of Elementary Education, O/o.The Director of Elementary Education, DPI Complex, College Road, Chennai - 600 006.
2.The Joint Director of Elementary Education, O/o.The Joint Director of Elementary Education, DPI Complex, College Road, Chennai - 600 006.
3.The District Educational Officer (Elementary), O/o.The District Educational Officer, Madurai District.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned order in Na.Ka.No.574/A3/2022 dated 25.03.2025 passed by third respondent and quash the same as illegal and consequently, to direct the third
respondent to reinstate the petitioner as Middle School Teacher at Pottapanaiyur, Madurai East Union, Madurai District.
For Petitioner : Mr.S.M.A.Jinnah For Respondents : Mr.M.Siddharthan Additional Government Pleader
ORDER
This Writ Petition is filed seeking to quash the impugned order of the third respondent dated 25.03.2025 and consequently, to direct the third respondent to reinstate the petitioner in service as 'Middle School Teacher' at Pottapanaiyur, Madurai East Union, Madurai District.
2. By consent, this Writ Petition is taken up for final disposal at the admission stage itself.
3. The learned counsel for the petitioner submits that the petitioner was appointed as a 'Middle School Teacher' at Pottapanaiyur, Madurai East Union, in the year 2012 and has been diligently performing her duties with honesty and commitment. In 2022, she was falsely implicated in a criminal case under various provisions of the POCSO Act, IPC and IT Act, registered in Crime No.16/2022.
She was incarcerated from 01.04.2022 to 10.06.2022 and was later granted bail by the competent Court. Following the registration of the case, she was placed under suspension on 01.04.2022 and disciplinary proceedings under Rule 17(b) of the Tamil Nadu Civil Services (Discipline and Appeal) Rules were initiated against her on 18.11.2024. A charge memo was issued on 09.12.2024, along with enclosures including the list of charges, documents and witnesses. However, the petitioner submits that the enquiry was conducted in complete violation of the principles of natural justice. She was neither summoned for the enquiry nor provided with the documents relied upon by the Department. Despite this, the Enquiry Officer submitted his report and the third respondent passed the impugned order of dismissal on 25.03.
2025 without affording her any opportunity to be heard. The petitioner contends that the entire disciplinary process is vitiated by procedural irregularities and non-compliance with the fundamental principles of fair hearing. Aggrieved over the same, the petitioner has filed an appeal dated 21.05.2025 and the same is still pending without any progress.
4. The learned counsel for the petitioner further submitted that, although several grounds have been raised in the writ petition, it would suffice if this Court
issues a direction to the second respondent to consider the petitioner's appeal dated 21.05.2025 and pass appropriate orders thereon, within a time frame to be fixed by this Court.
5. Heard both sides.
6. Considering the limited request made by the learned counsel for the petitioner, this Court, without going into the merits of the case, directs the second respondent to consider the petitioner's appeal dated 21.05.2025, on its own merits and in accordance with law and to pass appropriate orders after giving due opportunity to the petitioner, within a period of three months from the date of receipt of a copy of this order. It is also made clear that this Court has not expressed any of its views with regard to the merits of the matter and that it is open to the second respondent to consider the same on its own merits.
7. With the above directions, this writ petition is disposed of. No costs. Consequently, connected Miscellaneous Petitions are closed. NCC : Yes / No 21.07.2025 Index : Yes / No smn2
To:- 1.The Director of Elementary Education, O/o.The Director of Elementary Education, DPI Complex, College Road, Chennai - 600 006.
2.The Joint Director of Elementary Education, O/o.The Joint Director of Elementary Education, DPI Complex, College Road, Chennai - 600 006.
3.The District Educational Officer (Elementary), O/o.The District Educational Officer, Madurai District.
VIVEK KUMAR SINGH , J.
smn2 21.07.2025