The petitioner challenged a show cause notice seeking to quash it. The court held that exceptions allowing quashing were not made out but granted liberty to the petitioner to reply by 10.02.2020 for the ends of justice.
Liberty granted to petitioner to reply to the show cause notice by 10.02.2020; matter closed without proceeding to final decision.
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.
W.P.(MD)No.1633 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 28.01.2020
CORAM:
THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD)No.1633 of 2020 and W.M.P.(MD)No.1347 of 2020
A.Raja ... Petitioner
/vs./
Office of the Chief Educational Officer, Sivagangai.
2.The District Educational Officer,
Office of the District Educational Office, Sivagangai.
3.The Secretary,
Vallalpari Higher Secondary School, Piranmalai, Sivagangai District.
4.The Headmaster,
Vallalpari Higher Secondary School, Piranmalai, Sivagangai District. ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorari, to call for the records pertaining to the impugned order issued by the third respondent in Na.Ka.Nil, dated 14.01.2020 and quash the same.
For Petitioner : Mr.K.P.Ramesh For Respondents : Mr.M.Karuppasamy Government Advocate (for R1, 2 and 4)
ORDER
By consent of both parties, the writ petition is taken up for final disposal at the stage of admission itself.
2.The impugned memo is in the form of a show cause notice calling upon the petitioner to give his explanations within a period of fifteen days from the date of receipt of the impugned order, dated 14.01.2020.
3.The learned counsel appearing for the petitioner would rely upon the earlier writ petition filed by him in W.P.(MD)No.26421 https://hcservices.ecourts.gov.in/hcservices/ of 2019, wherein, he had challenged the order of suspension passed
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W.P.(MD)No.1633 of 2020
on 23.02.2019. In my view, the ground raised in the earlier writ petition may not have any nexus with the present writ petition, since the order impugned herein is only in the nature of a show cause notice, for which, the petitioner is required to give his explanations. As such, quoting the pendency of the earlier writ petition as a bar to the respondents to initiate further action pursuant to the present impugned order may not be proper.
4.This Court, as well as the Hon'ble Apex Court, has in various decisions, determined the scope of interference under Article 226 of the Constitution of India, to a show cause notice. The few exceptions, in which, the extraordinary powers of this Court can be invoked to quash the show cause notice, are not made out in the grounds in the present writ petition. Therefore, this Court is unable to entertain the present writ petition. Nevertheless, if the petitioner herein is granted liberty to give his explanations to the impugned show cause notice, dated 14.01.2020, the ends of justice could be secured.
5.In the light of the above observations, the petitioner is at liberty to give his explanations/reply to the impugned letter dated 14.01.2020, issued by the third respondent herein on or before 10.02.2020. On receipt of the same, the third respondent herein shall consider it on its own merits and take further proceedings in accordance with law as expeditiously as possible.
6.The writ petition stands closed with the above observations. No costs. Consequently, connected miscellaneous petition is closed.
// True Copy //
/ /2020 Sub Assistant Registrar(CS)
To
1.The Chief Educational Officer, Office of the Chief Educational Officer, Sivagangai.
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W.P.(MD)No.1633 of 2020
3.The Secretary, Vallalpari Higher Secondary School, Piranmalai, Sivagangai District. 4.The Headmaster, Vallalpari Higher Secondary School, Piranmalai, Sivagangai District. +1 CC to SPL.GP ( SR-3740[F] dated 29/01/2020 ) +2 cc to Mr.K.P.Ramesh , Advocate SR.No.1560
Order made in W.P.(MD) No.1633 of 2020 28.01.2020 KM/(04.02.2020) 3P 8C
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2 issues framed by the court
Whether the writ court can quash a show cause notice issued to an employee.
Whether the petitioner is entitled to liberty to reply to the show cause notice.
A.Raja
The Chief Educational Officer, Office of the Chief Educational Officer, Sivagangai
The District Educational Officer, Office of the District Educational Office, Sivagangai
The Secretary, Vallalpari Higher Secondary School, Piranmalai, Sivagangai District
The Headmaster, Vallalpari Higher Secondary School, Piranmalai, Sivagangai District
M.S.Ramesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
