R. Chidambaram @ Natesan v. The Chief Educational Officer
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.11.2023
CORAM:
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR W.P(MD)No.22372 of 2022 and W.M.P(MD) Nos.16549 and 16552 of 2022 R.Chidambaram @ Natesan ... Petitioner Vs.
1. The Chief Educational Officer, Office of the Chief Educational Officer, Tirunelveli District.
2. The Block Educational Officer, Office of the Block Educational Officer, Charanmahadevi, Tirunelveli District.
3. The District Educational Officer, Office of the District Educational Officer, Tirunelveli District.
4. The Secretary, Thirugnana Sambanthar Middle School, Veeravanallur, Tirunelveli District.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the 1/5
records pertaining to the impugned order of suspension dated 12.03.2022 on the file of the fourth respondent and quash the same as illegal and consequentially direct the fourth respondent to reinstate the petitioner as Vocational Instructor and provide adequate subsistence allowances with other monetary benefits within the time stipulated by this Court. For Petitioner : Mr.T.Aswin Rajasimman For Respondents : Mr.N.GA. Natraj Government Advocate for R1 to R3 : Mr.V.Panneerselvam - for R4
O R D E R
The present writ petition has been filed by a Vocational Teacher working in the fourth respondent School seeking to quash the order of suspension imposed upon him on 12.03.2022.
2. According to the learned counsel appearing for the writ petitioner, the writ petitioner was implicated in criminal case in Crime No.58 of 2022 on the file of the Veeravanallur Police Station, for the offences under Sections 5(m), 9(f), 5(i), 12, 11(2) of POCSO Act, and Section 506(2) of I.P.C. Hence, he was placed under suspension by the fourth respondent Management on 2/5
12.03.2022. He further contend that he was paid subsistence allowance only for a period of four months by the educational authorities and thereafter, the subsistence allowance has not been paid either by the Department or by the Management.
3. In the present writ petition, the petitioner seeks for setting aside the order of suspension and to reinstate him in the School. Considering the serious allegations made against the writ petitioner, this Court is not inclined to issue any positive directions. It is for the school Management to consider the request of the petitioner for reinstatement.
4. In view of the above said facts, the fourth respondent herein is directed to consider the representation of the petitioner, dated 06.09.2022 for revocation of suspension order or for payment of salary, if the Management wants to continue the order of suspension. The said exercise shall be completed by the fourth respondent Management within a period of eight weeks from the date of receipt of a copy of this order. 3/5
5. With the above said observations, this Writ Petition stands disposed of. There shall be no order as to costs. Consequently, connected Miscellaneous Petitions are closed.
27.11.2023 NCC : Yes/No Index : Yes / No Internet : Yes / No ebsi To
1. The Chief Educational Officer, Office of the Chief Educational Officer, Tirunelveli District.
2. The Block Educational Officer, Office of the Block Educational Officer, Charanmahadevi, Tirunelveli District.
3. The District Educational Officer, Office of the District Educational Officer, Tirunelveli District.
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R.VIJAYAKUMAR,J.
ebsi W.P(MD)No.22372 of 2022 27.11.2023 5/5