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2014 DIGILAW 2130 (MAD)

S. Greeta Fernando v. Director of Elementary Education

2014-07-15

S.VAIDYANATHAN

body2014
Judgment 1. This writ petition has been filed for issuance of a writ of certiorarified mandamus calling for the records of the respondent herein in his proceedings in R.C.No.19360/I.2/09 dated 22.06.2009 and quash the same and consequently for a direction to the respondent to reinstate the petitioner into service as Assistant Educational Officer in Acharapakkam Union in Kancheepuram District with all back-wages and attendance benefits. 2. The case of the petitioner is that she was working as an Assistant Elementary Officer in Acharapakkam Union, Kancheepuram District. She was trapped. One Christina Mary along with the Inspector of Police, Vigilance and Anti-Corruption staged a drama and arrested the petitioner on 22.06.2009 at 7.30 a.m. on the ground that the petitioner has received bribe. According to the petitioner, one Christina Mary has given a false certificate, as if she belongs to Scheduled Caste community. The case of the petitioner is that when a criminal case is pending against her, departmental enquiry cannot be proceeded with on the same set of facts. Yet another contention put-forth by the writ petitioner is that the departmental proceeding is pending for more than five years. 3. These two contentions of the petitioner are counter to each other. At one point of time she says that the criminal action is pending and hence departmental proceedings cannot be proceeded with. Contra, she also contends that the departmental proceedings is kept pending for more than five years. No departmental proceedings can be kept pending till criminal proceedings are over. Hence I do not accept the first contention of the petitioner. 4. With regard to the second contention, I find that the petitioner was responsible for the delay. However, as the matter is pending for more than five years, as the order of suspension was dated 22.06.2009, as there is no legal interference with the order of suspension, while dismissing the writ petition, this court directs the respondent to proceed with the enquiry by framing charges if not framed earlier and pass final orders within a period of six months. The Enquiry Officer need not adjourn the enquiry for more than 3 days at a point of time and complete the enquiry within six months. If any adjournment is sought by either party, they have to submit a letter stating the reason for seeking adjournment. The Enquiry Officer need not adjourn the enquiry for more than 3 days at a point of time and complete the enquiry within six months. If any adjournment is sought by either party, they have to submit a letter stating the reason for seeking adjournment. The Enquiry Officer shall complete the enquiry and pass a final order within the time stated supra. If the above said exercise is not completed within the time stipulated, it is open to the authority to reinstate the petitioner in service and then proceed further on the charges that may be framed against her. With the above observation, the writ petition is dismissed. No costs. Consequently, the connected miscellaneous petitions are closed.