Madras High Court
B.Kalimuthu vs The Chief Educational Officer on 8 January, 2021
W.P.No.17028 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 08.01.2021
CORAM
THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN
W.P.No.17028 of 2020
and
W.M.P.No.21113 of 2020
(Heard through VC)
B.Kalimuthu .. Petitioner
-vs-
1.The Chief Educational Officer,
Chief Education Office,
Tiruppur District.
2.The Head Master,
Government Boys Higher Secondary School,
Udumalpet,
Tiruppur District. .. Respondents
Prayer: Petition filed under Article 226 of Constitution of India to issue
a Writ of Mandamus directing the first respondent to revoke the order
of suspension dated 27.12.2013 in Rc.No.8958/A3/2013 issued by the
first respondent in light of the Judgment of the Hon'ble Supreme Court
in Ajay Kumar Choudhary vs. Union of India reported in 2015 (7) SCC
291.
For Petitioner : Mr.Ali Hassan Khan
For Respondents : Mr.P.Raja
Government Advocate
1/4
https://www.mhc.tn.gov.in/judis/
W.P.No.17028 of 2020
ORDER
The prayer sought for in this writ petition is for a direction to
the first respondent to revoke the order of suspension dated
27.12.2013 in Rc.No.8958/A3/2013 issued by the first respondent in
the light of the judgment of the Hon'ble Supreme Court in Ajay Kumar
Choudhary vs. Union of India reported in 2015 (7) SCC 291.
2. Heard the learned counsel appearing for the petitioner and
the learned Government Advocate appearing for the respondents.
3. It is represented by the learned counsel appearing for the
petitioner that the criminal case registered against the petitioner has
been entered into a compromise. Though the petitioner has been
acquitted from the criminal case based on the compromise memo,
there is no bar for the departmental proceedings to go on, as the
criminal case should be proved beyond reasonable doubt by adducing
oral and documentary evidence, whereas charges in the departmental
proceedings should be established on the basis of preponderance of
probabilities.
https://www.mhc.tn.gov.in/judis/
W.P.No.17028 of 2020
4. The petitioner's request for revocation of suspension shall
be considered in the light of the judgments of the Hon'ble Supreme
Court in Ajay Kumar Choudhary vs. Union of India through its
Secretary and another, reported in 2015 (7) SCC 291 and State of
TN vs. Promod Kumar IPS and another, reported in AIR 2018 SC
4060. The petitioner shall be placed in non sensitive post.
5. After pronouncing the order, it is represented by the
learned counsel for the petitioner that subsistence allowance had not
been regularly given to the petitioner. Mr.P.Raja, learned Government
Advocate would submit that instructions have been given to the
Treasury department to pay the subsistence allowance to the petitioner
including arrears in case of reinstatement and thereafter to proceed
with the enquiry and pass final orders. The enquiry shall be
commenced, if not already commenced and shall go on day-to-day
basis, without adjourning the matter beyond seven working days at any
point of time to bring the issue to the logical conclusion after payment
of arrears of subsistence allowance, if any.
https://www.mhc.tn.gov.in/judis/
W.P.No.17028 of 2020
S.VAIDYANATHAN, J.
rsi
6. With the above directions, the writ petition is disposed of.
Consequently, the connected miscellaneous petition is closed. No costs.
08.01.2021
Index : Yes/No
Internet : Yes/No
Speaking order / Non speaking order
rsi
To
1.The Chief Educational Officer,
Chief Education Office,
Tiruppur District.
2.The Head Master,
Government Boys Higher Secondary School,
Udumalpet,
Tiruppur District.
W.P.No.17028 of 2020
and
W.M.P.No.21113 of 2020
https://www.mhc.tn.gov.in/judis/
