Ramasubramanian.R v. The Chief Educational Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.11.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P.(MD)No.19733 of 2022 R.Ramasubramanian ... Petitioner Vs.

1.The Chief Educational Officer, Tenkasi District, Tenkasi.

2.The District Educational Officer, Tenkasi Educational District, Tenkasi.

3.The Correspondent, S.S.V.Higher Secondary School, Mathapattanam, Koviloothu Post, Tenkasi District-627 415.

4.S.D.Mubarak Ali Advocate / Inquiry Officer, S.S.V.Higher Secondary School, Mathapattanam, Koviloothu Post, Tenkasi District-627 415.

... 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 records relating to the impugned Charge Memo dated 28.09.2022 issued by the 3rd respondent and consequential order dated 01.11.2022 issued on behalf of 1/4

the 3rd respondent and quash the same and consequently, directing the respondents 1 to 3 to disburse the monthly Subsistence, Allowance,Arrears of Salary and Subsistence Allowance from the date of suspension with all service and monetary benefits to the petitioner.

For Petitioner : Mr.K.Govindarajan for Mr.J.Parekhkumar For R1 & R2 : Mr.S.Shaji Bino Special Government Pleader For R3 : Mr.M.Ajmalkhan Senior Counsel for M/s.Ajmal Associates

ORDER

Heard the learned counsel appearing for the petitioner and the learned Special Government Pleader appearing for R1 & R2 and the learned Senior Counsel appearing for the third respondent.

2. The petitioner questions the charge memo.

3. I went through the contents of the charge memo. As rightly pointed out by the learned senior counsel appearing for the third respondent, the contentions urged by the petitioner in this writ petition cannot be adjudicated at this stage. It is for the petitioner to establish his innocence in the enquiry. No interference is called for at this stage.

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4. Leaving open all the contentions and defences of the petitioner, the Writ Petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed.

28.11.2022 Index : Yes / No Internet : Yes/ No rmi To 1.The Chief Educational Officer, Tenkasi District, Tenkasi.

2.The District Educational Officer, Tenkasi Educational District, Tenkasi.

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G.R.SWAMINATHAN, J.

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