Madras High Court
Sarmila vs The Director Of School Education on 6 November, 2023
W.P.(MD).No.19965 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 06.11.2023
CORAM:
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR
W.P(MD)No.19965 of 2023
and
W.M.P(MD) Nos.16471 and 16472 of 2023
Sarmila ... Petitioner
Vs.
1. The Director of School Education,
Chennai – 6.
2. The District Collector,
Karur.
3. The Chief Educational Officer,
Karur.
4. The District Educational Officer,
Karur District,
Karur.
5. The Headmaster,
Government High School,
Vengapalayam,
Karur District. ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India,
praying this Court to issue a Writ of Certiorarified Mandamus, to call for the
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W.P.(MD).No.19965 of 2023
records pertaining to the impugned proceedings issued by the third
respondent in Rc.No.4967/B2/2023, dated 26.06.2023 and quash the same on
the ground that the same is arbitrary, illegal and without any legal basis and
consequently directing the respondents to reinstate the petitioner back into
service for post of B.T. Assistant (Tamil) in the fifth respondent's School
within time frame stipulated by this Court.
For Petitioner : Mr.P.Krishnasamy
For Respondents : Mr.V.Om Prakash
Government Advocate
ORDER
The present Writ Petition has been filed by a B.T. Assistant (Tamil
Teacher) challenging the order of suspension, dated 26.06.2023.
2. The writ petitioner was arrayed as a third accused in Crime No.14 of
2021, on the file of the District Crime Branch, Karur, dated 06.12.2021. As
per the allegations in the said F.I.R, she is said to have received a sum of
Rs.14,00,000/- (Rupees Fourteen Lakhs only) along with two others from the
defacto complainant assuring to get an employment and consequently all the
three of them have jointly forged a Government Order of employment. On the
basis of the said allegations, the petitioner was arrested on 25.06.2023 and
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W.P.(MD).No.19965 of 2023
placed under suspension which is impugned in the writ petition.
3. According to the learned counsel appearing for the writ petitioner,
the petitioner is under prolonged suspension. The counsel appearing for the
writ petitioner has relied upon the judgment of the Hon'ble Supreme Court
reported in (2015) 7 SCC 291 (Ajay Kumar Choudhary Vs.Union of India,
through its Secretary and another). He further relied upon the G.O.Ms.No.
81, Human Resources Management (N) Department, dated 04.08.2022 and
the Full Bench judgment of our High Court reported in 2022 (2) CTC 353
(P.Kannan Vs. Commissioner for Municipal Administration, Municipal
Administration Commission and two others).
4. A perusal of the suspension order clearly indicates that, since the writ
petitioner was in judicial custody for more than 48 (Forty Eight) hours, she
has been placed under deemed suspension. Further, the Hon'ble Full Bench of
our High Court has clarified that the judgment of the Hon'ble Supreme Court
reported in (2015) 7 SCC 291 (Ajay Kumar Choudhary Vs.Union of India,
through its Secretary and another), had not laid down any absolute
proposition of law that an order of suspension cannot be continued beyond a
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W.P.(MD).No.19965 of 2023
period of three months. In fact, G.O.Ms.No.81, Human Resources
Management (N) Department, dated 04.08.2022, Clause No. 11 (XI) clearly
points out that, in all cases where delinquent is involved in a Criminal case
and complicated questions of law and facts are involved, and the authority is
not in a position to finalise the departmental disciplinary proceedings, the
suspension may not be reviewed.
5. Therefore, the contention of the writ petitioner raised in the present
writ petition is devoid of any merits.
6. Accordingly, this Writ Petition stands dismissed. There shall be no
order as to costs. Consequently, connected Miscellaneous Petitions are closed.
06.11.2023
NCC : Yes/No
Index : Yes / No
Internet : Yes / No
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W.P.(MD).No.19965 of 2023
To
1. The Director of School Education,
Chennai – 6.
2. The District Collector,
Karur.
3. The Chief Educational Officer,
Karur.
4. The District Educational Officer,
Karur District,
Karur.
https://www.mhc.tn.gov.in/judis
W.P.(MD).No.19965 of 2023
R.VIJAYAKUMAR,J.
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W.P(MD)No.19965 of 2023
06.11.2023
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