School Committee of Sri Ramakrishna Mission Sarada Vidyalaya Girls Higher Secondary School v. G. Vijayalakshmi, Joint Director of School Education (Higher Secondary)
2005-08-01
FAKKIR MOHAMED IBRAHIM KALIFULLA, MARKANDEY KATJU
body2005
DigiLaw.ai
Judgment :- F.M.Ibrahim Kalifulla, J. The above writ appeal has been preferred against the interim order of the learned single Judge dated 5.7.2005 passed in W.P.M.P.No.611 of 2005 in W.P.No.522 of 2005. 2. By consent of both the parties, we have taken up the writ petition itself for final disposal. 3. In the writ petition, the petitioner seeks for the issuance of a writ of mandamus to direct the Chief Educational Officer, Chennai-600 015 and his subordinates to issue appropriate direction to the third respondent School Committee of Sri Ramakrishna Mission Sarada Vidyalaya Girls Higher Secondary School not to prevent the petitioner from attending the school and from taking classes as Tamil pandit in the third respondent school in the absence of any statutory impediment. 4. The writ petitioner was proceeded against by the third respondent School for certain serious acts of misconduct in which it is alleged that the petitioner managed to get loans from many banks by forging salary certificates and fabricating signatures in fictitious letter heads. It is also alleged that from reports of the banks and publication of news in the local news papers this misconduct came to light. It was in those circumstances that the third respondent School proceeded against the petitioner. The total amount of such misfeasance from the banks is stated to have been Rs.33,35,475/-. The respondent School is stated to have passed an order of dismissal and approached the appropriate authority for approval of its order of dismissal. It is also stated that the order of dismissal came to be passed after holding an enquiry for that purpose which enquiry is stated to have been held by a retired judicial officer. However, the School Committee's application for approval was stated to have been rejected by the competent authority and against the said order, the respondent school has preferred an appeal before the Joint Director of School Education (Higher Secondary), Chennai. The said appeal is stated to be pending. 5. In view of the seriousness and gravity of charges levelled against the petitioner, we are of the view that to bring a quietus to the whole issue, the appellate authority can be directed to dispose of the appeal and till such time, the posting of the writ petitioner in the third respondent school can be awaited.
5. In view of the seriousness and gravity of charges levelled against the petitioner, we are of the view that to bring a quietus to the whole issue, the appellate authority can be directed to dispose of the appeal and till such time, the posting of the writ petitioner in the third respondent school can be awaited. With that view, we dispose of the writ petition directing the Joint Director of School Education (Higher Secondary), Chennai, to dispose of the appeal dated 22.1.2004 preferred by the third respondent school preferably within six weeks from the production of copy of this order, after hearing the parties concerned. Till such time, the third respondent school need not allow the writ petitioner to join duty. The appellate authority shall dispose of the appeal on its own merits without reference to what is stated in this judgment. In view of the disposal of the writ petition, the writ appeal stands allowed and the interim order is set aside. No costs. W.A.M.P.No.2678 of 2005 is closed.