Alagar.N v. The Director Of School Education

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.01.2023

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI and W.M.P.(MD)Nos.22513, 22515 and 22517 of 2022 N.Alagar ... Petitioner Vs.

1. The Director of School Education, College Road, Chennai - 600 006.

2. The Chief Educational Officer, Si.Va.Government Higher Secondary School, Thoothukudi - 628 002.

... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Certirorarified Mandamus calling for the records pertaining to the impugned suspension order made by the second respondent vide proceedings in R.C.No.4050/A2/2022 dated 01.07.2022 and quash the same as arbitrary and consequently, directing the second respondent to reinstate the petitioner to the post of Graduate Assistant, Zoology Department, Government Girls Higher Secondary School, Eral - 628 801, Thoothukudi District with all benefits.

For Petitioner :

Mr.S.R.Anbarasu For Respondents :

Mr.S.Shaji Bino Special Government Pleader

O R D E R

This Writ Petition has been filed to call for the records of the impugned suspension order of the second respondent vide proceedings in R.C.No.4050/A2/2022 dated 01.07.2022, quash the same and consequently, direct the second respondent to reinstate the petitioner as Post Graduate Assistant, Zoology Department, Government Girls Higher Secondary School, Eral, Thoothukudi District with all benefits.

2. The case of the petitioner is that while the petitioner was working as Post Graduate Assistant, Zoology Department in the Government Girls Higher Secondary School, Eral, Thoothukudi District, there was an allegation against the petitioner that he misbehaved with the girl student and thereby, the second respondent has passed the impugned suspension order, vide order dated 01.07.2022. Challenging the same, the present Writ Petition.

3. The learned counsel appearing for the petitioner would submit that the second respondent has filed a counter affidavit stating that already the disciplinary proceedings has been initiated, but till date, the same has not been concluded. Hence, this Court may issue a direction to the Competent Authority to conclude the disciplinary proceedings as against the petitioner within a period of four months.

4. Heard the learned counsel appearing for the petitioner and perused the materials placed before this Court.

5. Considering the limited request made by the learned counsel for the petitioner, this Court, without interfering the order impugned in the present Writ Petition, directs the Competent Authority to conclude the disciplinary proceedings as against the petitioner, within a period of four months from the date of receipt of a copy of this order, after affording an opportunity of hearing to the petitioner.

6. With the above direction, this Writ Petition is disposed of. No costs. Consequently, connected Miscellaneous Petitions are closed. 20.01.2023 NCC: Yes / No Index : Yes / No Speaking Order : Yes / No vji To

1. The Director of School Education, College Road, Chennai - 600 006.

2. The Chief Educational Officer, Si.Va.Government Higher Secondary School, Thoothukudi - 628 002.

M.DHANDAPANI,J.

vji and W.M.P.(MD)Nos.22513, 22515 and 22517 of 2022 20.01.2023