Madras High Court
N.Abdul Azees vs The Cor on 26 October, 2021
W.A.(MD) Nos.29 & 30 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 26.10.2021
CORAM :
THE HON'BLE MR.SANJIB BANERJEE, THE CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE M.DURAISWAMY
W.A.(MD) Nos.29 & 30 of 2021
and
C.M.P.(MD)Nos.133 and 134 of 2021
N.Abdul Azees .. Appellant in
both W.As.
Vs.
1.The Correspondent,
K.J.E.M Higher Secondary School,
Paramakudi,
Ramanathapuram District.
2.The District Educational Officer,
Paramakudi,
Ramanathapuram District. ..Respondents in
both W.As.
COMMON PRAYER: Appeals under Clause 15 of Letters Patent against
the order dated 03.11.2020 passed by the this Court in W.P.(MD)Nos.9199
of 2012 and 3464 of 2014.
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W.A.(MD) Nos.29 & 30 of 2021
For Appellant : Mr.C.Venkatesh Kumar
(In both W.As)
For Respondents : Mr.P.Thilakkumar,
(In both W.As) Government Pleader.
COMMON JUDGMENT
[Judgment of the Court was delivered by
The Hon'ble CHIEF JUSTICE.]
There is no merit in either appeal and the attempt on behalf of the
appellant to derail the matter cannot be appreciated.
2. The writ petitions were instituted in 2012 and in 2014 and were
dealt with by a common order passed on November 3, 2020. In one of the
cases, the punishment imposed is the stoppage of increment for three years
with cumulative effect. In the other case, the punishment imposed is one of
removing the concerned petitioner from service. In the light of the
allegations and counter-allegations levelled against the petitioner and the
employer, the writ Court was minded not to entertain the writ petitions on
merits, particularly since the appellate remedy had not been exhausted by
the writ petitioner. In effect, the writ Court did not decide on merits and
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W.A.(MD) Nos.29 & 30 of 2021
permitted the appellant to exhaust his remedy before the internal appellate
forum.
3. There does not appear to be any error committed by the writ Court.
When a procedure permits a two-tier or three-tier system of adjudication in
any quasi-judicial proceedings, the superior forum cannot be bypassed to
approach the writ Court unless there are exceptional circumstances which
are cited. Ordinarily, a writ Court does not entertain a grievance when there
is an effective alternative remedy unless the petitioner demonstrates that the
rules of natural justice were completely violated or that the authority which
passed the order completely lacked jurisdiction or that it was an absurd
order that no reasonable person would make. These high tests were not met
in either writ petition and the writ Court was perfectly justified in not
entertaining the petitions in the extraordinary jurisdiction and leaving the
petitioner free to exhaust his remedy of appeal in the domestic forum.
4. W.A.(MD)No.29 of 2021 and W.A.(MD)No.30 of 2021 are
dismissed. Consequently C.M.P.(MD)No.133 of 2021 and 134 of 2021 are
closed.
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W.A.(MD) Nos.29 & 30 of 2021
There will be no order as to costs.
(S.B., CJ.) (M.D., J.)
26.10.2021
Index : Yes/No
Internet : Yes/No
vsm/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.
To
1.The Correspondent,
K.J.E.M Higher Secondary School,
Paramakudi,
Ramanathapuram District.
2.The District Educational Officer,
Paramakudi,
Ramanathapuram District.
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W.A.(MD) Nos.29 & 30 of 2021
THE HON'BLE CHIEF JUSTICE
and
M.DURAISWAMY, J.
vsm/ps
W.A.(MD) Nos.29 & 30 of 2021
26.10.2021
https://www.mhc.tn.gov.in/judis/
