Madras High CourtWP(MD)/20408/2021dismissed

Sathiyendran.S v. The Joint Director Or School Education (Personal)

2021-11-15Honourable Mr Justice B.Pugalendhi3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.11.2021

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI S.Sathiyendran ... Petitioner versus 1.The Joint Director of School Education (Personal), O/o.the Director of School Education, DPI Complex, College Road, Chennai-600 006.

2.The Chief Educational Officer, O/o. Chief Educational Office, 3.The District Educational Officer/The Enquiry Officer, O/o.The District Educational Office, Mandabam Educational District, ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, seeking for the issuance of Writ of Mandamus directing the first respondent to dispose the appeal preferred by the petitioner, dated 11.05.2021 filed as against the order of punishment issued by the second respondent in his proceedings e.f.vz;.8018/M5/2021 dated 21.04.2021 within a period that may be stipulated by this Court. For Petitioner : Mr.Mohammed Imran for M/s.Ajmal Associates For Respondents : Mr.A.Kannan Additional Government Pleader

ORDER

By consent of both parties, the writ petition is taken up for final disposal.

2. This writ petition has been filed by the petitioner seeking a direction to the first respondent to dispose of the appeal preferred by him.

3. The learned counsel appearing for the petitioner would submit that the petitioner was appointed as B.T.Assistant on 1/3

26.09.2014 at Government High School, Kidathirukkai, Ramanathapuram District. While so, he was placed under suspension on 10.09.2018 and on considering his explanation, he was reinstated in service on 10.11.2018. In the meantime, he was issued with a charge memo by the third respondent on 26.10.2018 alleging that he misbehaved with one Ms.Anandhi. Thereafter, the second respondent vide his proceedings, dated 21.04.2021 has passed final order, in pursuant to charge memo, imposing punishment of stoppage of next one increment for one year with cumulative effect. Aggrieved by the same, he preferred an appeal dated 11.05.2021 before the first respondent. The said appeal is pending before the first respondent for the past more than 6 months. Hence, the petitioner has come forward with the present writ petition.

4.Considering the limited prayer sought for in the writ petition, without going into the merits of the case, this Court directs the first respondent to dispose the appeal filed by the petitioner, dated 11.05.2021 and pass orders on merits and in accordance with law, within a period of 10 (Ten) weeks from the date of receipt of a copy of this order.

5.With the above direction, the writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is also closed.

Sd/- Assistant Registrar(AE) // True Copy // / /2021 Sub Assistant Registrar(CS) am 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 Joint Director of School Education (Personal), DPI Complex, College Road, Chennai-600 006.

2.The Chief Educational Officer, 2/3

3.The District Educational Officer/The Enquiry Officer, Mandabam Educational District, +1 CC to M/s.AJMAL ASSOCIATES, Advocate ( SR-34520[F] dated 15/11/2021 ) +1 CC to M/s.SPL GP ( SR-34582[F] dated 16/11/2021 ) 15.11.2021 KMK(CO) TR(06.12.2021) 3P 6C 3/3