Madras High Court
M.Jomy James vs The Principal Secretary on 22 June, 2023
1 W.P.(MD)NO.14648 OF 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 22.06.2023
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
W.P.(MD)No.14648 of 2023 AND
W.M.P.(MD)Nos.12368 & 12369 of 2023
M.Jomy James ... Petitioner
Vs.
1. The Principal Secretary,
School Education Department,
Chennai – 9.
2. The Director of School Education,
DPI Campus, College Road,
Chennai – 6.
3. The Chief Educational Officer,
Nagercoil,
Kanyakumari District -1.
4. The District Educational Officer,
Kuzhithurai, Marthandam,
Kanyakumari District -165.
5. The Correspondent,
Holy Family, High School,
Arukany Kaliyal(Via),
Kanyakumari District -101. ... Respondents
Prayer: Writ petition is filed under Article 226 of the Constitution
of India, to issue a Writ of Certiorarified Mandamus, to call for the
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2 W.P.(MD)NO.14648 OF 2023
records relating to the impugned proceedings issued by the 5th
respondent in Ref.No.19/12 dated 20.08.2013 and to quash the same and
to issue consequential direction to the 5th respondent to reinstate the
petitioner into service with consequential benefit of continuity of service
extra.
For Petitioner : Mr.C.Muthusaravanan
For R-1 to R-4 : Mr.N.Satheeshkumar,
Additional Government Pleader.
***
ORDER
Heard the learned counsel appearing for the writ petitioner and the
learned Additional Government Pleader appearing for respondents 1 to 4.
2. The petitioner was working as Secondary Grade Teacher in the
fifth respondent school. By the impugned order dated 20.08.2013, he was
dismissed from service on the charge of having misbehaved with a girl
student. The petitioner was parallelly prosecuted before the criminal
Court in C.C.No.248 of 2012 on the file of the Judicial Magistrate No.I,
Kuzhithurai. Vide judgment dated 04.03.2016, the petitioner was found
guilty and also sentenced into a term of imprisonment. Aggrieved by the
same, the petitioner filed Criminal Appeal No.38 of 2016 before the
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3 W.P.(MD)NO.14648 OF 2023
Additional District and Sessions Judge, Kuzhithurai. On 26.08.2022, the
appellate Court set aside the judgment of the trial Court and acquitted the
petitioner herein. Since the criminal proceedings have ended in favour of
the petitioner, the petitioner has now come forward to question the
impugned order.
3. The learned counsel appearing for the writ petitioner reiterated
all the contentions set out in the affidavit filed in support of the writ
petition and called upon this Court to set aside the impugned order and
grant relief as prayed for.
4. I am not persuaded by the said submissions of the learned
counsel appearing for the petitioner. This is for more than one reason.
The allegation made against the petitioner is that he had misbehaved with
a girl student who was a minor. The dismissal order was passed as early
as on 20.08.2013. The petitioner has come to this Court after a lapse of
ten years.
5. It is true that during the intervening period, the petitioner was
facing prosecution before the criminal Court and that the proceedings
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4 W.P.(MD)NO.14648 OF 2023
ended in favour of the petitioner in the year 2022. That cannot be a
ground for coming to the Court belatedly. It is well settled that even after
acquittal, the delinquent can be departmentally dealt with. In this case,
the petitioner was found guilty in the departmental proceedings and
dismissed from service in the year 2013 itself. Therefore, subsequent
acquittal in the criminal case cannot have any bearing on the
departmental proceedings. Since the standard of proof obtaining in the
departmental proceedings and before the criminal Court are different, the
fact that the petitioner has obtained acquittal at the hands of the criminal
Court cannot enure in his favour. The outcome of the departmental
proceedings should have been put to challenge independently. The
petitioner was a teacher. The allegation made against the petitioner is
very serious. The mother of the victim was examined. The school
management has passed a speaking order. I do not find any ground to
interfere at this point of time. This writ petition stands dismissed
primarily on the ground of laches. No costs. Consequently, connected
miscellaneous petitions are closed.
22.06.2023
NCS : Yes / No
Index : Yes / No
Internet : Yes / No
PMU
https://www.mhc.tn.gov.in/judis
5 W.P.(MD)NO.14648 OF 2023
To:
1. The Principal Secretary,
School Education Department,
Chennai – 9.
2. The Director of School Education,
DPI Campus, College Road,
Chennai – 6.
3. The Chief Educational Officer,
Nagercoil,
Kanyakumari District -1.
4. The District Educational Officer,
Kuzhithurai, Marthandam,
Kanyakumari District -165.
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6 W.P.(MD)NO.14648 OF 2023
G.R.SWAMINATHAN,J.
PMU
W.P.(MD)No.14648 of 2023
22.06.2023
https://www.mhc.tn.gov.in/judis
