Madras High Court
A.Raja vs The Chief Educational Officer on 22 October, 2021
W.A(MD)No.1953 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 22.10.2021
CORAM:
THE HONOURABLE MR.JUSTICE M.DURAISWAMY
AND
THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR
W.A(MD)No.1953 of 2021
and
C.M.P(MD)No.8777 of 2021
A.Raja ... Appellant/Petitioner
Vs.
1.The Chief Educational Officer,
Office of the Chief Educational Officer,
Sivagangai.
2.The District Educational Officer,
Office of the District Educational Office,
Thirupattur.
3.The Secretary,
Vallalpari Higher Secondary School,
Piranmalai,
Sivagangai District.
4.The Headmaster,
Vallalpari Higher Secondary School,
Piranmalai,
Sivagangai District. ... Respondents/Respondents
Prayer: Writ Appeal filed under Clause 15 of the Letters Patent
against the order, dated 02.09.2021 made in W.P(MD)No.26421 of
2019 on the file of this Court.
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1/6
W.A(MD)No.1953 of 2021
For Appellant : Mr.K.P.Ramesh
For RR 1 & 2 : Mr.P.Thilak Kumar
Government Pleader
For RR 3 & 4 : Mr.C.Arul Vadivel @ Sekar
JUDGMENT
(Judgment of the Court was delivered by
M.DURAISWAMY,J.)
Challenging the order passed in W.P(MD)No.26421 of 2019
dated 02.09.2021, the writ petitioner has filed the above Writ
Appeal.
2.The appellant has filed the Writ Petition to issue a Writ of
Certiorarified Mandamus, to call for the records pertaining to the
impugned proceedings issued by the third respondent, dated
23.02.2019 and to quash the same and consequently, directing the
respondents to reinstate the petitioner into service and regularise
his service with all attendant and monetary benefits.
3.The appellant was working as a Teacher in the third
respondent School since 23.02.2003. A complaint was registered
against the appellant under POCSO Act and the criminal case is
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W.A(MD)No.1953 of 2021
pending for trial. Consequent to the complaint registered against
the appellant, he was placed under suspension by the third
respondent vide proceedings, dated 23.02.2019. Challenging the
order of suspension, the appellant has filed the Writ Petition.
4.Before the learned Single Judge, the learned counsel
appearing for the third respondent submitted that during the
pendency of the Writ Petition, subsistence allowance has been paid
and also enquiry was conducted against the appellant and after
completion of the same, punishment of dismissal from service was
imposed against him and the same was also approved by the official
respondents.
5.Since the respondents have already passed an order of
dismissal against the appellant, the learned Single Judge has rightly
dismissed the Writ Petition. If the appellant is aggrieved over the
order of dismissal, he should challenge the same in accordance with
law. In the Writ Petition, the appellant has challenged only the order
of suspension.
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W.A(MD)No.1953 of 2021
6.In such view of the matter, we do not find any ground to
interfere with the order passed by the learned Single Judge.
Accordingly, the Writ Appeal is devoid of merits and the same is
dismissed. No costs. Consequently, connected Miscellaneous Petition
is closed.
[M.D.,J] [K.M.S.,J.]
22.10.2021
Index :Yes/No
Internet :Yes/No
ps
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.
https://www.mhc.tn.gov.in/judis/
W.A(MD)No.1953 of 2021
To
1.The Chief Educational Officer,
Office of the Chief Educational Officer,
Sivagangai.
2.The District Educational Officer,
Office of the District Educational Office,
Thirupattur.
3.The Secretary,
Vallalpari Higher Secondary School,
Piranmalai,
Sivagangai District.
4.The Headmaster,
Vallalpari Higher Secondary School,
Piranmalai,
Sivagangai District.
https://www.mhc.tn.gov.in/judis/
W.A(MD)No.1953 of 2021
M.DURAISWAMY,J.
and
K.MURALI SHANKAR,J.
ps
W.A(MD)No.1953 of 2021
22.10.2021
https://www.mhc.tn.gov.in/judis/
