C.Venkatesan vs State Of Tamilnadu
2023 Latest Caselaw 15215 Mad

Madras High Court

C.Venkatesan vs State Of Tamilnadu on 29 November, 2023

                                                                                W.P.No.8070 of 2020 and
                                                                          W.M.P.Nos.9565 & 9566 of 2020




                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED: 29.11.2023

                                                       CORAM:

                                   THE HONOURABLE MS.JUSTICE R.N.MANJULA

                                              W.P.No.8070 of 2020
                                                      and
                                          W.M.P.Nos.9565 & 9566 of 2020

                     C.Venkatesan,
                     Drawing Teacher,
                     Government Hr. Sec. School,
                     Vadasitthur - 641 202.                ...            Petitioner
                                                        versus
                     1.State of Tamilnadu,
                       Represented by its Secretary,
                       Fort St. George,
                       Chennai - 600 001.

                     2.The Joint Director of School Education,
                       Directorate of School Education,
                       DPI Complex, College Road,
                       Chennai - 600 006.

                     3.The Chief Educational Officer,
                       500, Raja Street,
                       Near Five Corner,
                       Town Hall, Coimbatore - 641 001.

                     4.The Head Master,
                       Government High School,
                       Parali Power House,Coimbatore - 641 104.




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https://www.mhc.tn.gov.in/judis
                                                                                         W.P.No.8070 of 2020 and
                                                                                   W.M.P.Nos.9565 & 9566 of 2020




                     5.The Head Master,
                       Government Hr. Sec. School,
                       Vadasitthur - 641 202.

                     6.The School Education Commissioner,
                       Directorate of School Education,
                       DPI Complex, College Road,
                       Chennai - 600 006.               ...                        Respondents

                     Prayer: Writ Petition filed under Article 226 of the Constitution of India,
                     praying to issue a Writ of Certiorarified Mandamus, calling for the records
                     of the 3rd respondent in passing of an order of Censure dated 05.03.2019 in
                     Na.Ka.No.14425/A1/2013 and quash the same and directing the 3rd
                     respondent to consider exonerating the charges against the petitioner in view
                     of the judgment passed by the District Munsif cum Judicial Magistrate
                     Court, Mettupalayam dated 21.08.2018 in Cr.No.03/2013.

                                  For Petitioner           :     M/s.R.J.Radhika

                                  For Respondents          :     Mr.T.Chezhiyan
                                                                 Additional Government Pleader

                                                               ORDER

The petitioner has been given with the punishment of censure

subsequent to the disciplinary proceedings initiated against him has filed this

Writ Petition seeking a direction to consider the appeal filed by him.

2. Heard M/s.R.J.Radhika, learned counsel for the petitioner,

Mr.T.Chezhiyan, learned Additional Government Pleader for the

respondents and perused the materials available on record.

https://www.mhc.tn.gov.in/judis W.P.No.8070 of 2020 and W.M.P.Nos.9565 & 9566 of 2020

3. The short grievance of the petitioner is that his appeal has not

been considered so far.

4. Since the petitioner has only invoked his statutory remedy of

filing an appeal, it shall be obligatory on the part of the appellate authority

to consider the same and pass orders in accordance with law. If the

petitioner's appeal has not been filed in time, the petitioner is at liberty to file

an application to condone the delay.

5. With the above observation, this Writ Petition is disposed. No

costs. Consequently, connected Miscellaneous Petitions are closed.

29.11.2023 Speaking order / Non-speaking order Index : Yes / No Neutral Citation : Yes / No

sri

https://www.mhc.tn.gov.in/judis W.P.No.8070 of 2020 and W.M.P.Nos.9565 & 9566 of 2020

To

1.The Secretary, State of Tamilnadu, Fort St. George, Chennai - 600 001.

2.The Joint Director of School Education, Directorate of School Education, DPI Complex, College Road, Chennai - 600 006.

3.The Chief Educational Officer, 500, Raja Street, Near Five Corner, Town Hall, Coimbatore - 641 001.

4.The Head Master, Government High School, Parali Power House, Coimbatore - 641 104.

5.The Head Master, Government Hr. Sec. School, Vadasitthur - 641 202.

6.The School Education Commissioner, Directorate of School Education, DPI Complex, College Road, Chennai - 600 006.

https://www.mhc.tn.gov.in/judis W.P.No.8070 of 2020 and W.M.P.Nos.9565 & 9566 of 2020

R.N.MANJULA, J.

sri

W.P.No.8070 of 2020 and W.M.P.Nos.9565 & 9566 of 2020

29.11.2023 [1/2]

https://www.mhc.tn.gov.in/judis