Joshlin Merry vs The District Educational Officer ...
2024 Latest Caselaw 7801 Mad

Madras High Court

Joshlin Merry vs The District Educational Officer ... on 18 April, 2024

                                                                      WP(MD) No.9575 of 2024

                       BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                 DATED: 18.04.2024

                                                     CORAM:

                                  THE HONOURABLE MS.JUSTICE R.N.MANJULA

                                            W.P.(MD) No.9575 of 2024
                                                      and
                                            W.M.P(MD)No.8676 of 2024

                      Joshlin Merry                                         ... Petitioner

                                                        Vs.

                      1.The District Educational Officer (Elementary),
                         Trichy,
                         Trichy District.


                      2.The Assistant Educational Officer,
                         Manapparai Taluk,
                         Trichy District.                                  ...Respondents


                      Prayer : Writ Petition filed under Article 226 of the Constitution of

                      India,        praying this Court to issue a Writ of Certiorarified


                      1/6
https://www.mhc.tn.gov.in/judis
                                                                     WP(MD) No.9575 of 2024

                      Mandamus to call for the records pertaining to the impugned order

                      of the 2nd respondent in Na.Ka.No.0430/A2/2004 dated 15.03.2024

                      and the impugned letter of the 1st respondent in Roc.No.0994/A4

                      dated 01.04.2024 and quash the same as illegal and consequently

                      direct the respondents not to proceed with regard to order passed in

                      S.T.C.No.3199 of 2016 dated 25.04.2018 on the file of the learned

                      Judicial Magistrate Court, Manapparai, Trichy District.



                                  For Petitioner    : Mr.A.Vadivel

                                  For Respondents : Mr.T.Amjadkhan

                                                     Government Advocate


                                                   ORDER

The present writ petition has been filed seeking a Writ

of Certiorarified Mandamus to call for the records pertaining to the

impugned order of the 2nd respondent in Na.Ka.No.0430/A2/2004,

dated 15.03.2024 and the impugned letter of the 1st respondent in

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

Roc.No.0994/A4, dated 01.04.2024 and quash the same as illegal

and consequently to direct the respondents not to proceed with

regard to order passed in S.T.C.No.3199 of 2016, dated 25.04.2018,

on the file of the learned Judicial Magistrate Court, Manapparai,

Trichy District.

2. Heard Mr.A.Vadivel, learned counsel for the

petitioner and Mr.T.Amjadkhan, learned Government Advocate

appearing for the respondents.

3. By consent of both parties, this Writ Petition is taken

up for final disposal at the stage of admission itself.

4. The petitioner was tried before the learned Judicial

Magistrate, Manapparai, in a cheque dis-honour case and suffered a

judgment of conviction on 25.04.2018 made in S.T.C.No.3199 of

2016. The trial Court convicted the petitioner with three months

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

simple imprisonment along with a payment of Rs.5,00,000/- as

compensation. The petitioner had challenged the same by preferring

criminal appeal in C.A.No.56 of 2018. The I Additional District

Judge, Trichy, which is an appellate court had suspended the

conviction. The criminal appeal is said to be pending.

5. Now the grievance of the petitioner is that the

petitioner's employer i.e., the respondents have issued the impugned

show cause notice on account of her conviction made in

S.T.C.No.3199 of 2016 through the order, dated 25.04.2018 of

learned Judicial Magistrate, Manapparai. If the show cause notice

is given, on the facts verified by the employer, the petitioner has to

offer his explanation including her statement as to the pendency of

the criminal appeal and his sentence got suspended. Since the show

cause notice is in the nascent stage, it is a pre-matured one.

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6. In view of the above stated reasons and observations,

this Writ Petition is disposed of. No costs. Consequently,

connected miscellaneous petition is closed.

18.04.2024

Index : Yes / No Internet : Yes / No NCC : Yes / No

RM

To

1.The District Educational Officer (Elementary), Trichy, Trichy District.

2.The Assistant Educational Officer, Manapparai Taluk, Trichy District.

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

R.N.MANJULA, J.

RM

Order made in

Dated:

18.04.2024

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