Madras High Court
M.C.Rosemary vs The Disciplinary Authority on 3 January, 2022
W.P(MD)No.23027 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 03.01.2022
CORAM
THE HONOURABLE MR.JUSTICE B.PUGALENDHI
W.P(MD)No.23027 of 2021
M.C.Rosemary ... Petitioner
Vs.
1.The Disciplinary Authority,
The Chief Educational Officer,
Office of the Chief Educational Officer,
Ramanathapuram.
2.The Enquiry Officer,
The District Educational Officer,
Paramakudi,
Ramanathapuram District. ... Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India,
praying this Court to issue a Writ of Declaration, declaring that the disciplinary
enquiry proceedings conducted by the second respondent and his enquiry report
dated 20.07.2021 which was furnished by the first respondent through his
proceedings in Na.Ka.No.8822/E1/2019 dated 22.11.2021 is tainted with bias,
in violation of principles of natural justice, illegal and hence vitiated in the light
of the Hon'ble Apex Court judgment reported in 2018(7)SCC 670.
For Petitioner : Mr.M.Manivasagam
For Respondents : Mr.G.V.Vairam Santhosh, AGP
https://www.mhc.tn.gov.in/judis
1/5
W.P(MD)No.23027 of 2021
ORDER
This Writ Petition has been filed seeking for issuance of a Writ of
Declaration, declaring that the disciplinary enquiry proceedings conducted by
the second respondent and his enquiry report dated 20.07.2021 which was
furnished by the first respondent through his proceedings in Na.Ka.No.
8822/E1/2019 dated 22.11.2021 is tainted with bias, in violation of principles
of natural justice, illegal and hence vitiated in the light of the Hon'ble Apex
Court judgment reported in 2018(7)SCC 670.
2. Heard Mr.M.Manivasagam, learned counsel appearing for the
petitioner and Mr.G.V.Vairam Santhosh, learned Additional Government
Pleader appearing for the respondents.
3. By consent of both parties, this writ petition is taken up for final
disposal at the admission stage itself.
4.Though, the Writ Petition has been filed for declaration declaring that
the disciplinary enquiry proceedings conducted by the second respondent and
his enquiry report dated 20.07.2021 is not in accordance with law,
Mr.M.Manivasagam, learned counsel for the petitioner confined his relief to the
extent that he may be provided three more weeks time to offer his explanation
https://www.mhc.tn.gov.in/judis
W.P(MD)No.23027 of 2021
to the enquiry report dated 20.07.2021.
5.This Court paid its anxious consideration to the rival submissions made
and also perused the materials placed on record.
6.In view of the above submission of the learned counsel for the
petitioner, this Writ Petition is disposed of, with a direction to the first
respondent to provide three more weeks time for the petitioner to furnish his
explanation if any, to the enquiry report dated 20.07.2021 and to pass final
orders taking into consideration the explanation submitted by the petitioner to
the enquiry report of the second respondent, within a period of four weeks
thereafter. No costs.
03.01.2022
Index : Yes / No
Internet : Yes/ No
dn
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.P(MD)No.23027 of 2021
To
1.The Disciplinary Authority,
The Chief Educational Officer,
Office of the Chief Educational Officer,
Ramanathapuram.
2.The Enquiry Officer,
The District Educational Officer,
Paramakudi,
Ramanathapuram District.
https://www.mhc.tn.gov.in/judis
W.P(MD)No.23027 of 2021
B.PUGALENDHI, J.
dn
W.P(MD)No.23027 of 2021
03.01.2022
https://www.mhc.tn.gov.in/judis
