The Padma Seshadri Balabavan Secondary School (Junior College) v. M. V. Ramani & Another
2006-08-10
P.SATHASIVAM, S.MANIKUMAR
body2006
DigiLaw.ai
Judgment :- (Writ Appeal filed under Clause 15 of the Letters of Patent against the order of the learned Judge Mr. Justice N. Paul Vasanthakumar dated 30.06.2006 made in W.P.No.19992 of 2006.) P. Sathasivam, J. The above writ appeal is directed against the order of the learned single Judge dated 30.06.2006 made in W.P.No.19992 of 2006, in and by which while permitting the writ petitioner to submit his reply to the show cause notice dated 26.06.2006 and allowing the second respondent to proceed with the disciplinary proceedings, if they so desire, disposed of the main writ petition. In the same order, the learned Judge, further observed that no final order should be passed without obtaining permission from this court. Ag grieved by the said direction, the second respondent/School has filed the above appeal. 2. Even at the admission stage, the first respondent is represented by counsel. 3. Heard the learned counsel for the appellant as well as the learned senior counsel for the second respondent. 4. In view of the order to be passed hereunder, it is unnecessary to traverse the factual details as stated by both parties. Though the learned counsel for the appellant raised an objection that the writ petition itself is not maintainable, inasmuch as the said issue has not been gone into by the learned Judge and merely permitted the writ petitioner to submit his reply and proceed further if the same is required, we are of the view that there is no need to consider the said claim. Further, it is not in dispute that the writ petitioner is entitled to reply the show cause notice dated 26.06.2006 and thereafter, as rightly observed by the learned Judge, if the reply is not satisfactory, it would be open to the Management / School, to conduct disciplinary proceedings. It is also not in dispute that impugned order was passed by the learned Judge in the main writ petition. In such circumstances, we are of the view that the further direction, viz., final order should not be passed by the Management without obtaining permission from this Court is not warranted; accordingly, the said direction is set aside. In all other respects, the order of the learned single Judge is confirmed. The writ appeal is disposed of accordingly. No costs. Consequently, connected MP., is closed.