Madras High CourtWP(MD)/11464/2018allowed

M.Chandiran, v. The Joint Diretor Of School

2019-07-15Honourable Mr Justice D. Krishnakumar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.07.2019

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P.(MD)No.11464 of 2018 and W.M.P.(MD)No.10448 of 2018 M.Chandiran .. Petitioner Vs.

1.The Joint Director of School Education (Personnel), Chennai - 600 006.

2.The Chief Educational Officer, O/o.The Chief Educational Officer, Ramanathapuram, Ramanathapuram District.

3.The Headmaster, Government Higher Secondary School, Sathirakkudi, Ramanathapuram District.

.. Respondents Writ Petition is filed under Article 226 of the Constitution of India seeking issuance of a Writ of Certiorarified Mandamus, to call for the records relating to the impugned suspension order passed by the first respondent in R.C.No.028930/C2/S3/2018, dated 08.05.2018, quash the same as illegal and arbitrary and consequently, to direct the respondents to reinstate the petitioner into his service as B.T. Assistant [Social Science], in the third respondent's School. For Petitioner : Mr.M.S.Jeyakarthik For Respondents : Mr.M.Pandiarajan Additional Government Pleader

ORDER

This Writ Petition has been filed seeking to quash the impugned suspension order passed by the first respondent in R.C.No.028930/C2/S3/2018, dated 08.05.2018, and consequently, to direct the respondents to reinstate the petitioner into service as B.T. Assistant [Social Science], in the third respondent's School. 2.According to the learned counsel appearing for the petitioner, the impugned suspension order has been passed against the petitioner on the ground that he had involved in a case in Crime No.70 of 2018, on the file of the Bazaar Police Station, https://hcservices.ecourts.gov.in/hcservices/

Ramanathapuram, which is purely private in nature. Further, according to the learned counsel for petitioner, pursuant to the interim order granted by this Court, dated 30.05.2018, the petitioner has been reinstated in service and the challenging the charge memo issued against him, the petitioner has also filed a Writ Petition before this Court, in which, this Court granted an interim order and the same is pending.

3.The learned Additional Government Pleader appearing for the respondents submitted that pursuant to the interim order passed by this Court dated 30.05.2018, the impugned suspension order has been revoked and the petitioner has been reinstated in service by the first respondent herein, vide his proceedings in Na.Ka.No.028930/C2/S3/2018, dated 15.06.2018. However, a charge sheet has been filed against the petitioner before the Judicial Magistrate Court No.I, Ramanathapuram, and the same is pending and therefore, liberty may be granted to the respondents to pass a fresh order, if necessity arises, in accordance with law. 4.Recording the abovesaid submissions made by the learned counsel on either side, this Writ Petition is disposed of. No costs. However, liberty is granted to the respondents to pass a fresh order, if necessity arises.

Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar (Crl.side) / True Copy / Sub Assistant Registrar(CS- ) To 1.The Joint Director of School Education (Personnel), Chennai - 600 006.

2.The Chief Educational Officer, O/o.The Chief Educational Officer, Ramanathapuram, Ramanathapuram District.

3.The Headmaster, Government Higher Secondary School, Sathirakkudi, Ramanathapuram District.

+1 CC to M/s.SPL GP ( SR-75462[F] dated 16/07/2019 ) +1 CC to M/s.M.S.JEYAKARTHIK, Advocate(SR-75651[F] dated 17/07/2019) W.P.(MD) No.11464 of 2018 15.07.2019 smn2 ES/24.07.2019/2P/6C https://hcservices.ecourts.gov.in/hcservices/