Madras High CourtWP(MD)/4459/2014disposed of

Sri Konganeswara Vidyalaya v. The District Elementary

2019-07-25Honourable Mr Justice S.M. Subramaniam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.07.2019

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.(MD) No.4459 of 2014 and M.P.(MD) No.1 of 2015 Sri Konganeswara Vidyalaya Aided Primary School 33, West Main Street Thanjavur Town Thanjavur 613 009 Rep.by its Secretary N.Meena W/o.Narayanasamy ... Petitioner vs.

1. The District Elementary Educational Officer Thanjavur District, Thanjavur

2. The Assistant Elementary Educational Officer Thanjavur Town, Thanjavur 3.R.Deivalakshmi ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of writ of certiorari to call for the records relating to the impugned proceedings issued by the 1st Respondent in Na.Ka.No.4691/A4/2013 dated 28.02.2014 and quash the same.

For Petitioner :

Mr.G.Sankaran For Respondents :

Mrs.S.Srimathy Special Government Pleader for R1 & R2 Mr.P.Antony Arulraj for R3

O R D E R

The learned counsel for the third respondent made a submission that the writ petition is filed by the School challenging the proceedings of the first respondent, dated 28.02.2014, setting aside the order of suspension issued by the Secretary of the School.

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

2. Initially, an interim order of stay was granted by this Court in the present writ petition in favour of the writ petitioner / School. However, on filing a vacate stay petition filed by the respondents 1 and 2, the interim order of stay already granted was vacated and the stay petition itself was dismissed. Thus, the third respondent was allowed to continue in service right from the year 2015 and now, four years lapsed.

3. Under these circumstances, the interim suspension need not be reconsidered by the official respondents as well as by the writ petitioner and the third respondent shall be allowed to continue in service. If any departmental disciplinary proceedings are pending against the third respondent as of now, the authorities competent are empowered to proceed with the departmental disciplinary proceedings, conclude the same and pass final orders.

In this view of the matter, no further consideration is required in respect of the grounds raised in the present writ petition.

4. Accordingly, the writ petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar(CS ) To:

1. The District Elementary Educational Officer, Thanjavur District, Thanjavur.

2. The Assistant Elementary Educational Officer, Thanjavur Town, Thanjavur.

+1 CC to Mr.T.ANTONY ARUL RAJ, Advocate ( SR-77868[F] dated 26/07/2019 ) +1 CC to Special Government Pleader( SR-77937[F] dated 26/07/2019 ) W.P.(MD) No.4459 of 2014 and M.P.(MD) No.1 of 2015 25.07.2019 AE/(05.08.2019) 2P 5C https://hcservices.ecourts.gov.in/hcservices/