Madras High Court
S.Jabasty Kanaga Hepzhi Bai vs The District Educational Officer on 7 June, 2021
W.A.(MD)No.1076 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 07.06.2021
CORAM
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM
AND
THE HONOURABLE MRS.JUSTICE S.ANANTHI
W.A.(MD)No.1076 of 2021
and
CMP(MD).Nos.4792 of 2021
S.Jabasty Kanaga Hepzhi Bai,
Junior Assistant,
St.Anne's Higher Secondary School,
Koodankulam, Perumanal,
Tirunelveli District. ... Appellant/Petitioner
Vs.
1. The District Educational Officer,
Cheranmaha Devi.
2. The Correspondent,
St.Anne's Higher Secondary School,
Koodankulam, Perumanal,
Tirunelveli District.
3. Most Rev.Dr.Yvon,
Bishop of Tuticorin,
Manager, RC Schools,
Tuticorin Diocese.
4. Vasantha Rani
... Respondents/Respondents
Prayer: Writ Appeal filed under Clause 15 of Letters Patent, against the order of
this Court made in W.P.(MD) No.5638 of 2015, dated 21.08.2019.
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1/4
W.A.(MD)No.1076 of 2021
For Appellant : Mr.S.M.S.Johnny Basha
For Respondents : Mr.R.Baskaran,
Government Counsel
for R1
Fr.Xavier Arul Raj,
for R2 and R3
R4- No Appearance
JUDGMENT
[Judgment of the Court was delivered by T.S.SIVAGNANAM,J.]
We have heard Mr.S.M.S.Johnny Basha, learned Counsel appearing
for the appellant, Mr.R.Baskaran, learned Government Counsel appearing for
the first respondent and Fr.Xavier Arul Raj, learned counsel appearing for the
respondents 2 and 3.
2. This Writ Appeal is directed against the order dated 18.02.2016 in
W.P(MD).No.6930 of 2008.
3. The appellant filed the writ petition challenging the order passed by
the third respondent dated 23.09.2007 removing the appellant from service on
the ground of unauthorised absence for more than three years. A charge memo
was issued. Enquiry was conducted and after following due procedure, the order
dated 23.09.2007 was passed.
https://www.mhc.tn.gov.in/judis/
W.A.(MD)No.1076 of 2021
4. The contention raised by the appellant before us is that the Enquiry
Officer proceeded beyond the charge framed against the appellant which was
only pertaining to alleged unauthorised absence, but the Enquiry Officer has
proceeded to make certain observations with regard to belated remittance of fee
collected from the students. Though such might have been the observation made
by the Enquiry Officer, the order of removal from service was passed based on
the proven charge of unauthorised absence. That apart, the learned Single Bench
also considered only the said aspect and tested the order of removal from
service for its correctness as to whether the appellant had raised sufficient
grounds to justify her absence from 01.09.2001 to 29.06.2004, during which
period she was not in the Country, but was in Saudi Arabia.
5. Thus, we find there is no error in the order passed by the learned
Single Bench. Accordingly, this Writ Appeal stands dismissed. No costs.
Consequently, the connected miscellaneous petition is closed.
Index :Yes/No (T.S.S.,J.) (S.A.I.,J.)
Internet :Yes/No 07.06.2021
pkn
https://www.mhc.tn.gov.in/judis/
W.A.(MD)No.1076 of 2021
T.S.SIVAGNANAM, J.
and
S.ANANTHI, J.
pkn
Note: In view of the present lock down owing to
COVID-19 pandemic, a web copy of the order may be
utilized for official purposes, but, ensuring that the copy
of the order that is presented is the correct copy, shall
be the responsibility of the advocate/litigant concerned.
To
The District Educational Officer,
Cheranmaha Devi.
W.A.(MD)No.1076 of 2021
07.06.2021
https://www.mhc.tn.gov.in/judis/
