Disposed

R.Senthilkumar v. The Joint Director of School

Madras HC8 Jun 2015WP/5255/2015

Case brief

AI extract

What is this about?

This is an interim order in a writ petition filed by a petitioner facing a departmental enquiry. The court stayed the enquiry proceedings. The petition was disposed of after the employer representing itself expressed willingness to furnish certain documents previously sought from the Education Department.

What did the court decide?

Directing the 4th respondent (school) to furnish the requested documents and thereafter proceed with the enquiry.

R.Senthilkumar Vs The Joint Director of School — Service and Employment | Madras HC (2015)

¶1

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶2

DATED: 08.06.2015

¶3

CORAM:

¶4

THE HONOURABLE MR.JUSTICE D.HARIPARANTHAMAN

¶5

W.P.No.5255 of 2015 and M.P.No.1 of 2015

¶6

R.Senthil Kumar .. PETITIONER

¶7

¶8

The Joint Director of School Education (Secondary), College Road, Chennai-6.

¶9

Chief Educational Officer, Salem, Salem District.

¶10

District Educational Officer, Salem, Salem District.

¶11

The Secretary, Vasavi Higher Secondary School, Shevapet, Salem-636 002, Salem District. .. RESPONDENTS

¶12

Writ Petition filed under Article 226 of the Constitution of India for the issue of Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned proceedings No.NIL dated 20.02.2015 of the 4^th respondent and quash the same and direct the respondents to furnish the documents asked by the petitioner and proceed with the memo dated 10.02.2015.

¶13

For petitioner : Mr.C.Selvaraj, Senior Counsel for M/s.C.S.Associates For respondents : Mrs.E.Raniselvam, 1 to 3 Additional Government Pleader

¶14

The petitioner is facing a departmental enquiry. The 4^th respondent is the employer, namely, a private school. The School took a stand that three documents that were sought for by the petitioner could be collected by the petitioner by making an application under Right to Information Act. Hence, the petitioner has approached this Court by filing the present Writ Petition.

¶15

https://hcservices.ecourts.gov.in/hcservices/

¶16

This Court passed a following order on 27.02.2015:

¶17

“The management, fourth respondent herein, issued a charge memo to the petitioner. The petitioner wanted the documents relied on by the fourth respondent to be given to him so as to enable him to give effective reply and defend the proceedings. The fourth respondent by way of impugned order rejected the said request on the ground that the documents have to be collected from the Education Department by filing an application under the Right to Information Act. It is the grievance of the petitioner that without furnishing documents, the fourth respondent is now proceeding with the enquiry.

¶18

There shall be an Interim Stay of enquiry proceedings, in the mean time.''

¶19

In view of the same, now there is a stay of the disciplinary proceedings.

¶20

Now the learned Counsel for the 4^th respondent has submitted that the 4^th respondent school is willing to furnish those three documents which were directed to be collected under Right to Information Act.

¶21

In view of the statement made by the learned Counsel for the 4^th respondent, the Writ Petition is disposed of directing the 4^th respondent school to furnish those documents and after furnishing those documents, the school could proceed further in the matter of enquiry. No costs. Consequently, connected Miscellaneous Petition is also closed.

tsi

Assistant Registrar

True Copy

Sub-Assistant Registrar

¶26

¶27

The Joint Director of School Education (Secondary), College Road, Chennai-6.

¶28

Chief Educational Officer, Salem, Salem District.

¶29

https://hcservices.ecourts.gov.in/hcservices/

¶30

District Educational Officer, Salem, Salem District.

¶31

The Secretary, Vasavi Higher Secondary School, Shevapet, Salem, Salem 636 002.

¶32

- 1 cc to M/s.C.S.Associates, Advocate SR 27374

¶33

- 1 cc to M/s.S.N.Ravichandran, Advocatre SR 27624

¶34

- 1 cc to Govt.Pleader SR 27453

¶35

vd(co) prk17/6 W.P.No.5255 of 2015

¶36

https://hcservices.ecourts.gov.in/hcservices/

R.Senthilkumar v. The Joint Director of School

Case brief

What is this about?

What did the court decide?

R.Senthilkumar v. The Joint Director of School

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

A.Nepoleon, Vs The Secretary to Government

R.Ayesha Vs The Government of Tamilnadu

N.Kuppusamy Vs The State of Tamilnadu

P.Mathiyan Vs the Secretary to Government

C.Masilamani, Vs The Special Secretary

Dr.L.Anitha Vs The Registrar