Madras High Court
G. Boopathy vs The Joint Director ( Personal) on 29 June, 2022
W.P.No.8401 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 29.06.2022
CORAM:
THE HON'BLE MR. JUSTICE D.KRISHNAKUMAR
W.P.No.8401 of 2022
and
W.M.P.Nos. 8349 & 8350 of 2022
G. Boopathy,
S/o. C. Gurusamy,
[ U.G. Tamil Teacher - Under Suspension ]
Govt. Girls Higher Secondary School,
Nangavalli Village- 636 454,
Salem District.
residing at
No.8/99, Ganapathi Nagar,
Ayyamputhur, Singiripatti Village,
Kolathur Post- 636 303,
Mettur Taluk, Salem District. ... Petitioner
// Vs //
1. The Joint Director ( personal),
Directorate of School Education,
(Higher Secondary),
DPI Complex, College Road,
Chennai 600 006.
2. The Chief Educational Officer, (CEO),
The Office of Chief Educational Officer,
Salem 636 001.,
Salem District.
1/7
https://www.mhc.tn.gov.in/judis
W.P.No.8401 of 2022
3. The District Educational Officer, (DEO),
The Office of District Educational Officer,
Edapadi 637 101.
Salem District.
4. The Head Master,
Govt. Girls Hr. Sec. School,
Nangavalli, 636 454,
Salem District. ... Respondents.
Prayer: Writ Petition filed under Article 226 of the Constitution of India
praying for issuance of a Writ of Certiorarified Mandamus to call for the
records related to the impugned proceedings bearing R.C.No.12278/D1/2019
dated 29.10.2019 passed by the 2nd respondent, the Chief Educational
Officer, Salem and quash the same as illegal, against Natural Justice and well
established law and consequently, directing the 2nd respondent to reinstate
the petitioner in service.
For Petitioner : Mr. V.R. Appaswamee
For Respondent : Mr. T. Chezhiyan, AGP,
for R1 to R4
ORDER
Challenge in this writ petition is to quash the proceedings bearing
R.C.No.12278/D1/2019 dated 29.10.2019 passed by the 2nd respondent with
a consequential prayer to direct the 2nd respondent to reinstate the petitioner.
2. The case of the petitioner is that he has been appointed as U.G.
https://www.mhc.tn.gov.in/judis
W.P.No.8401 of 2022
Tamil Teacher in Nangavalli Government Girls Higher Secondary School on
12.12.2012. A false case has been lodged against the petitioner stating that
he has committed serious irregularities by indulging in fraudulent financial
transactions and a criminal case in Crime No.36/2019 under Section 420 of
IPC on the file of the Sub-Inspector of Police, Nangavalli Police Station,
Salem District, has been registered as against him. In view of the above said
criminal case, the second respondent, by an order dated 29.10.2019, has
placed the petitioner under Suspension under Section 17(2)(3) of the Tamil
Nadu Civil Services (Discipline and Appeal) Rules. Challenging the said
order, the petitioner is before this Court.
3. The learned counsel for the petitioner submitted that the said criminal
case is purely with regard to a private dispute and the petitioner has been
placed under suspension for a long period. He further submitted that charge
sheet has not yet been filed as against the said criminal case though the case
has been registered in the year 2019. In such circumstances, the suspension
order is liable to be revoked and the respondents may be directed to reinstate
the petitioner into service, pending disposal of the criminal case.
4. Considering the fact that the petitioner has been placed under
suspension for a long time and neither charge sheet has been filed nor any
https://www.mhc.tn.gov.in/judis
W.P.No.8401 of 2022
department proceedings initiated against the petitioner, in the light of the
Hon'ble Full Bench of this Court, in the case of P.Kannan Vs The
Commissioner for Municipal Administration and Others (W.P.Nos.2165 of
2015 and 21628 of 2018 dated 15.03.2022), wherein, it is held as follows:
(i) The judgment of the Apex Court in the case of
Ajay Kumar Choudhary, supra, does not lay down
absolute proposition of law that an order of suspension
cannot be continued beyond the period of three months if
the memorandum of charges/charge- sheet has not been
served within three months, or if memorandum of
charges/charge-sheet is served without reasoned order of
extension.
(ii) The judgment in R.Balaji, supra, has no
reference to the earlier judgments of co-equal strength
and is thereby rendered per incuriam.
(iii) The issue of challenge to the order of
suspension should be analyzed on the facts of each case,
considering the gravity of the charges and the rules
applicable.
(iv) Revocation of suspension with a direction to
the employer to post the delinquent in a non-sensitive post
cannot be endorsed or directed as a matter of course. It
has to be based on the facts of each case and after
noticing the reason for the delay in serving the
https://www.mhc.tn.gov.in/judis
W.P.No.8401 of 2022
memorandum of charges/charge-sheet.
5. Therefore, in the light of the above, this Court is inclined to pass the
following order:
i) The petitioner is permitted to make a representation to the second
respondent, within a period of two weeks from the date of receipt of a copy
of this order.
ii) On such representation being made by the petitioner, the second
respondent is directed to consider the same and to pass orders on its own
merits and in accordance with law, as expeditiously as possible, within a
period of eight weeks from the date of receipt of the representation, by taking
note of the above decision of the Full Bench of this Court.
6. With the above direction, this writ petition is disposed of. No costs.
Consequently, connected miscellaneous petitions are closed.
29.06.2022
Index : Yes / No
Internet : Yes / No
mrp
To
1. The Joint Director ( personal),
Directorate of School Education,
https://www.mhc.tn.gov.in/judis
W.P.No.8401 of 2022
(Higher Secondary),
DPI Complex, College Road,
Chennai 600 006.
2. The Chief Educational Officer, (CEO),
The Office of Chief Educational Officer,
Salem 636 001.,
Salem District.
3. The District Educational Officer, (DEO),
The Office of District Educational Officer,
Edapadi 637 101.
Salem District.
4. The Head Master,
Govt. Girls Hr. Sec. School,
Nangavalli, 636 454,
Salem District.
https://www.mhc.tn.gov.in/judis
W.P.No.8401 of 2022
D.KRISHNAKUMAR. J
mrp
W.P.No.8401 of 2022
29.06.2022
https://www.mhc.tn.gov.in/judis
