Madras High CourtWP(MD)/2515/2013closed

Jomy James, v. The Chief Educational Officer,

2018-02-22Honourable Mr Justice S.M. Subramaniam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.02.2018

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P(MD)No.2515 of 2013 and M.P.(MD) No.1 of 2013 Jomy James ... Petitioner Vs.

1.The Chief Educational Officer, Nagercoil, Kanyakumari District.

2.The District Educational Officer, Kuzhithurai, Kanyakumari District.

3.The Correspondent, Hole Family High School, Arukany and post, Kanyakumari District.

4.Rev Fr Maria Gladson Domestic Enquiry Officer, Church of St Pius, Padarnilam Manavalakurichy, Kanyakumari District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus, calling for the records pertaining to the order of the 4th respondent in his letter dated 28.01.2013 and quash the same and consequently direct the 4th respondent to permit the petitioner to be represented by a qualified legal counsel of his choice.

For Petitioner : Mr.Puhazh Gandhi For R1 and R2 : Mr.R.Sethuraman Special Government Pleader For R3 : Mr.S.Xavier Rajini For R4 : Mr.I.Mohamed Razvi

ORDER

The order of non permitting the writ petitioner to engage the services of the Lawyer to assist in the departmental disciplinary proceedings are under challenge in this writ petition. https://hcservices.ecourts.gov.in/hcservices/

2.However, the learned counsel appearing on behalf of the 4th respondent brought to the notice of this Court that during the pendency of the writ proceedings, the enquiry proceedings were concluded and an order of punishment was issued imposing the punishment of removal from service on 28.01.2013. 3.This being the factum of the case, no further adjudication is required in this writ petition. Accordingly, the writ petition stands closed. However, there shall be no order as to costs. Consequently, the connected miscellaneous petition is closed. Sd/- Assistant Registrar(CSI) /True Copy/ Sub-Assistant Registrar To 1.The Chief Educational Officer, Nagercoil, Kanyakumari District.

2.The District Educational Officer, Kuzhithurai, Kanyakumari District.

+One cc to M/s.Xavier Rajini, Advocate, SR.No.50659 +One cc to the Special Government Pleader, SR.No.51325 mm RL/5C/2P/JC/SAR2/15/3/2018 W.P(MD)No.2515 of 2013 https://hcservices.ecourts.gov.in/hcservices/ 22.02.2018