Gunasekaran .N v. The Chief Educational Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.08.2024

CORAM:

THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR W.P(MD)No.20167 of 2024 and W.M.P(MD) Nos.17112 and 17113 of 2024 N.Gunasekar ... Petitioner Vs.

1. The Chief Educational Officer, School Education Department, Thanjavur District.

2. The District Educational Officer, School Education Department, Orthanadu, Thanjavur District.

3. The Joint Director, School Education Department, D.P.I.Campus, Chennai.

... Respondents (3rd respondent is suo motu impleaded vide order of this Court dated 28.08.2024 in W.P(MD) No.20167 of 2024) PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for the records relating to the proceedings of the impugned Enquiry report of the 1/4

second respondent dated 04.04.2019 and quash the same as illegal and further directing the first respondent to appoint a fresh enquiry officer if required to enquire into the charges.

For Petitioner : Mr.Chamundi Bose For Respondents : Mr.N.Satheesh Kumar Additional Government Pleader

O R D E R

The present Writ Petition has been filed seeking to quash the enquiry report submitted by the second respondent herein on 04.04.2019 and for a direction to the first respondent to appoint a fresh Enquiry Officer.

2. A perusal of the facts pleaded and the grounds raised in the writ petition does not call for quashing of the enquiry report submitted by the second respondent herein. There is no allegation of any bias as against the Enquiry Officer. Therefore, such a prayer cannot be granted.

3. It could be seen from the typed set of papers that though the enquiry report was submitted on 04.04.2019 to the third respondent herein, so far final orders have not been passed.

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4. Considering the above said facts, the third respondent herein is directed to pass final orders after giving due opportunity to the writ petitioner, within a period of twelve weeks from the date of receipt of a copy of this order.

5. With the above said observation, this Writ Petition stands disposed of. There shall be no order as to costs. Consequently connected Miscellaneous Petitions stand closed.

28.08.2024 2/2 NCC : Yes/No Index : Yes / No Internet : Yes / No ebsi To

1. The Chief Educational Officer, School Education Department, Thanjavur District.

2. The District Educational Officer, School Education Department, Orthanadu, Thanjavur District.

3. The Joint Director, School Education Department, D.P.I.Campus, Chennai.

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R.VIJAYAKUMAR,J.

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