Disposed

R.Samuel Swamidoss, v. the Enquiry Officer

Madras HC9 Jan 2018WP(MD)/2259/2011

Case brief

AI extract

What is this about?

Disposing a writ petition challenging a removal order, the court directed the petitioner to file an appeal with the school's governing body within two weeks and directed the governing body to decide the appeal within twelve weeks.

What did the court decide?

Petitioner directed to file an appeal to the governing body within two weeks; governing body directed to decide within twelve weeks.

R.Samuel Swamidoss, Vs the Enquiry Officer — Education and Admissions | Madras HC (2018)

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 09.01.2018

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C O R A M

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THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM

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W.P.(MD)No.2259 of 2011 and

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M.P.(MD)No.1 of 2011

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R.Samuel Swamidoss ... Petitioner

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Vs.

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The Enquiry Officer, The Margoschis Higher Secondary School, Nazareth, Thoothukudi District.

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The Correspondent, The Margoschis Higher Secondary School, Nazareth, Thoothukudi District.

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The Chief Educational Officer, Thoothukudi District. ... Respondents

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Prayer: Writ Petition filed under Article 226 of the constitution of India, to issue a writ of Certiorari, calling for the records relating to the order dated 17.02.2011 on the file of the second respondent, removing the petitioner from service and quash the same.

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For Petitioner : Mr.N.Maheswaran For R2 : Mr.T.A.Ebenezer For R3 : Mr.M.Muthu Additional Government Pleader

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O R D E R

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The order of removal issued by the second respondent in proceedings, dated 17.02.2011 is under challenge in this Writ Petition.

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2.The learned counsel appearing for the second respondent made a fair submission that there is an appeal provision in the by-laws to file an appeal to the governing body. Further, it is contended https://hcservices.ecourts.gov.in/hcservices/ that the governing body being the supreme body in respect of the administration of the school under Dioceses will conduct the appeal proceedings in a fair and reasonable manner and by providing

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opportunity to the writ petitioner. The learned counsel appearing for the second respondent further assured that the appeal will be heard in an unbiased manner by the governing body by providing the opportunity to the writ petitioner in all respects.

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In view of the submission made by the second respondent, the

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writ petitioner is directed to submit an appeal to the governing body of the second respondent school along with the documents and relevant orders within a period of two weeks from the date of receipt of a copy of this order. On receipt of any such appeal from the writ petitioner, the governing body of the second respondent school is directed to consider the appeal on merits and in accordance with law and by providing opportunity to the writ petitioner and pass orders within a period of twelve weeks thereafter.

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Accordingly, the Writ Petition is disposed of. No costs.

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Consequently, connected miscellaneous petition is closed.

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Sd/-

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Assistant Registrar (CS-I)

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/True Copy/

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Sub Assistant Registrar

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The Chief Educational Officer, Thoothukudi District.

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- 1 CC TO Mr.G.PRABHU RAJADURAI, ADVOCATE IN SR No. 41436 + 1 CC TO Mr.T.A.EBENEZER, ADVOCATE IN SR No. 41076

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IA/PJL

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TE/SV-MMS/SAR-1 : 22/01/2018 : 2P/4C

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W.P.(MD)No.2259 of 2011 and M.P.(MD)No.1 of 2011 09.01.2018

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

R.Samuel Swamidoss, v. the Enquiry Officer

Case brief

What is this about?

What did the court decide?

R.Samuel Swamidoss, v. the Enquiry Officer

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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Case details

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