.Dismissed a writ petition challenging a show-cause notice issued against a teacher convicted by a Special Court under the Prevention of Corruption Act, holding that a conviction mandates dismissal under service rules.
The writ petition failed and was dismissed, and the connected miscellaneous petition was closed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.11.2013
CORAM
THE HONOURABLE MR.JUSTICE S.NAGAMUTHU
W.P.(MD)No.17185 of 2013 and M.P.(MD)No.1 of 2013
S.Ramanujam ... Petitioner
Vs.
1.The Government of Tamil Nadu, Rep.by its Principal Secretary, Department of School Education, Fort St.George, Secretariat, Chennai-600 009.
3.The Chief Educational Officer, Virudhunagar.
4.The District Educational Officer, Virudhunagar. ... Respondents
Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorari calling for the records pertaining to the impugned order passed by the second respondent in Na.Ka.No.84207/W2/E3/2013, dated Nil.10.2013 and quash the same.
For Petitioner : Mr.R.Subramanian For Respondents : Mr.S.Kumar, Additional Government Pleader
ORDER
The petitioner is working as Post Graduate Teacher in Chemistry subject in Sowdambika Higher Secondary School, Alampatty, Virudhunagar. He was involved in a criminal case in Crime No.4 of 2007 registered by the Inspector of Police, Vigilance and Anti-Corruption, Virudhunagar. The Special Court under the Prevention of Corruption Act, Madurai, took cognizance of the offence, on a final report submitted in the said case in S.C.No.112 of 2011. By judgment dated 06.06.2013, the Trial Court found him guilty against the charges and accordingly convicted and sentenced him to undergo punishment. Challenging the same, the petitioner has filed an appeal before this Court and the same is pending. Since the sentence alone has been suspended by this Court and the conviction has not been suspended, the conviction is in force. While so, the second respondent, by his Proceedings in Na.Ka.No.84207/W2/E3/2013, dated Nil, called upon the petitioner to show-cause as to why he should not be dismissed from service based on https://hcservices.ecourts.gov.in/hcservices/ the conviction, as per the provisions of the Tamil Nadu Civil Services (Discipline and Appeal) Rules. Challenging the said show-cause notice, the petitioner is before this Court with this writ petition.
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4.In the result, the writ petition fails and accordingly it is dismissed. Consequently, the connected miscellaneous petition is closed. No costs.
Sd/-
Assistant Registrar(AS)
/TRUE COPY/
Sub Assistant Registrar
To
W.P.(MD)No.17185 of 2013 and M.P.(MD)No.1 of 2013 20.11.2013
KM
PA/02.12.2013/2P/7C
2 issues framed by the court
Whether the show-cause notice issued to suspend a teacher is maintainable in light of the conviction by the Special Court under the Prevention of Corruption Act.
Whether to interfere with the impugned order calling upon the petitioner to show-cause why he should not be dismissed from service based on his conviction.
2 provisions across 2 enactments
S. Ramanujam
The Government of Tamil Nadu, Rep. by its Principal Secretary, Department of School Education
S. Nagamuthu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
