Madras High CourtWP(MD)/14862/2014allowed

Manimekalai, v. The Chief Educational Officer,

2020-11-23Honourable Mr Justice S.M. Subramaniam2 pages

W.P.(MD).No.14862 of 2014 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.11.2020

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.(MD).No.14862 of 2014 and M.P(MD).Nos.1 and 2 of 2014 Manimekalai ... Petitioner -VsThe Chief Educational Officer, Sarva Siksha Abiyan, Trichy District.

... Respondent Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, to call for the entire records of the respondent in Na.Ka.No.213/A2/A.Ka.E/2014 dated 30.05.2014 and quash the same as illegal and arbitrary.

For Petitioner : Mr.P.Ganapathi Subramanian For Respondent : Mr.J.Gunaseelanmuthiah Additional Government Pleader

ORDER

The grievance of the writ petitioner is that the impugned order of reversion, dated 30.05.2014 passed without providing any opportunity to the writ petitioner. Thus, the impugned order is in violation of the principle of natural justice. 2.The counter filed by the respondent states that the respondent is ready to afford an opportunity to the petitioner in respect of reversion and it is stated that the Court may issue suitable direction to conduct fresh enquiry after giving sufficient opportunity to the writ petitioner.

3.The respondent themselves conceded that they are willing to give opportunity and further, the impugned order of reversion has been passed without any opportunity, this Court is of the opinion that the order impugned is liable to be set aside. Accordingly, the impugned order passed by the respondent in Na.Ka.No.213/A2/A.Ka.E/2014, dated 30.05.2014 is quashed. The respondent is directed to provide an opportunity to the writ petitioner and thereafter, pass appropriate order on merits and in accordance with law.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD).No.14862 of 2014 4.In view of the above direction, the Writ Petition stands allowed. No costs. Consequently, connected Miscellaneous Petitions are closed.

Sd/- Assistant Registrar (CS-I) // True Copy // / /2020 Sub Assistant Registrar(CS) rmk To The Chief Educational Officer, Sarva Siksha Abiyan, Trichy District.

+1 CC to M/s.GP ( SR-22618[F] dated 24/11/2020 ) W.P.(MD).No.14862 of 2014 23.11.2020 ARK(CO) AP(03/12/2020) 2 P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2