K. Hemalatha v. District Elementary Educational Officer, Theni District
2015-01-12
K.RAVICHANDRA BAABU
body2015
DigiLaw.ai
Judgment 1. The petitioner is aggrieved against the order of suspension. 2. Heard the learned counsel for the petitioner and the learned Government Advocate appearing for the first respondent and the learned counsel appearing for the third respondent. 3. The petitioner was appointed as a Weaving Teacher in the third respondent school. He was placed under suspension on 09.04.2014 on an allegation of grave misconduct. The grievance of the petitioner is that even though such suspension order was passed, till this date, no enquiry is conducted and the petitioner is kept under suspension endlessly. 4. Per contra, the learned counsel appearing for the third respondent submitted that every day a complaint is being received from the parents of the students against the petitioner with regard to her conduct and therefore, the school is not in a position to reinstate the petitioner. It is further stated by the learned counsel for the third respondent that the petitioner's school has also sought permission to the department to surrender the post and made a representation to that effect, which this Court has directed to consider and pass orders on the same in W.P(MD)No.10335 of 2014. 5. Whether the school is entitled to retain the post or surrender the same is for the educational authority, namely, the first respondent to consider and decide and therefore, already a direction is issued by this Court in W.P(MD)No.10335 of 2014 for considering the request of the petitioner school seeking for surrender of the post. However, insofar as the disciplinary proceedings initiated against the petitioner is concerned it is seen that even though she was placed under suspension as early as on 09.04.2014, till this date the third respondent has not conducted enquiry and passed final order. Therefore, without going into the merits and contention raised in this writ petition with regard to the allegation made against the petitioner, I only direct the third respondent to complete the disciplinary proceedings and pass final order, within a period of two months from the date of receipt of a copy of this order. 6. With the above directions, this Writ Petition is disposed of. No costs. Consequently, connected Miscellaneous Petitions are closed.