Madras High Court
K.Madhivanan vs The Director Of Elementary ... on 10 October, 2022
W.P(MD)No.4676 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 10.10.2022
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
W.P(MD)No.4676 of 2021
and
W.M.P(MD)Nos.3791 & 3792 of 2021
K.Madhivanan ... Petitioner
Vs
1.The Director of Elementary Education,
Department of Elementary Education,
No.17, College Road,
Thousandwards West,
Nungambakkam,
Chennai – 600 008.
2.The District Educational Officer,
District Education Office,
Pudukkottai. ... Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India
praying to issue a Writ of Certiorarified Mandamus, to call for the records
pertaining to the Impugned Order in Na.Ka.No.3165/A3/2020 dated 22.02.2021
on the file of the second respondent and quash the same as illegal and
consequently direction directing the respondents to reinstate the petitioner as
Headmaster in light of the Acquittal Judgment in Crl.A.(MD).No.178 of 2017
dated 30.06.2020 passed by this Court and regularize the period of suspension
of the petitioner from 22.05.2015 to till date as duty period with full pay and
https://www.mhc.tn.gov.in/judis
1/5
W.P(MD)No.4676 of 2021
allowance as admissible under the Rule 54 B (9) of the Tamil Nadu
Government Fundamental Rules within the time stipulated by this Court.
For Petitioner : Mr.I.Pinaygash
For Respondents : Mr.S.Shaji Bino
Special Government Pleader
ORDER
Heard the learned counsel on either side.
2. The writ petitioner was working as Head Master. On 13.05.2021,
Crime No.183 of 2015 came to be registered against him on the file of Inspector
of Police, Ganesh Nagar Police Station, Pudukkottai. The petitioner was
suspended from service on 22.05.2015 and charge memo was also issued on
28.01.2016. The petitioner came to be convicted and sentenced vide judgment
dated 12.06.2017 in S.C.No.35 of 2016 on the file of Mahila Court,
Pudukkottai. In view of the conviction and sentence suffered by the writ
petitioner, the writ petitioner was dismissed from service on 19.06.2017. The
judgment of conviction and sentence imposed by the trial Court was reversed in
Crl.A(MD)No.178 of 2017 dated 30.06.2020 by this Court. There is no dispute
that the dismissal of the writ petitioner from service was pursuant to the
judgment of conviction and sentence. Since the same has been set aside by the
appellate Court the order dismissing the writ petitioner from service has to be
https://www.mhc.tn.gov.in/judis
W.P(MD)No.4676 of 2021
necessarily set aside. In that view of the matter, the impugned order dated
22.02.2022 is also set aside. The respondents shall reinstate the petitioner in
service forthwith.
3. It is well settled that the acquittal of the Government servant in the
criminal case will not bar the hands of the impugned order from proceedings
thereafter. In this case charge memo was framed as early as on 28.01.2016.
The respondents are at liberty to continue the proceedings and take them to
their logical conclusion. If the respondents are not reinstating the petitioner
forthwith in service, the respondents are obliged to pay him the subsistence
allowance as per the Rules. In fact the petitioner will be entitled to the arrears
of such allowances right from the date of conviction till date in the light of
Rule 54 B (9) of the Tamil Nadu Government Fundamental Rules. With the
aforesaid direction to the respondents to pay the arrears and liberty to the
respondents to proceed with disciplinary action, this writ petition is allowed.
Consequently, connected miscellaneous petitions are closed. No costs.
10.10.2022
Index : Yes / No
Internet : Yes/ No
mga
https://www.mhc.tn.gov.in/judis
W.P(MD)No.4676 of 2021
To
1.The Director of Elementary Education,
Department of Elementary Education,
No.17, College Road,
Thousandwards West,
Nungambakkam,
Chennai – 600 008.
2.The District Educational Officer,
District Education Office,
Pudukkottai.
https://www.mhc.tn.gov.in/judis
W.P(MD)No.4676 of 2021
G.R.SWAMINATHAN, J.
mga
W.P.(MD)No.4676 of 2021
10.10.2022
https://www.mhc.tn.gov.in/judis
