High CourtsSingle Bench(2004) 08 MAD CK 0058

A. Arokiaraj vs Head Master cum Correspondent, St. Joseph's College Higher Secondary School and Joint Director of Higher Secondary Education

Madras High Court · Decided on 9 August 2004

HON’BLE JUDGES
M. Chockalingam, J
CASE NUMBER
W.P No. 12214 of 2002

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Judgment

12 paragraphs · 262 words

M. Chockalingam, J.—This writ petition has been brought forth seeking to quash the order of termination of the petitioner herein who was a

teacher attached to the first respondent School. Certain charges were levelled against the petitioner. On service of the same, an explanation was

tendered. Finding it not satisfactory, a disciplinary committee was constituted and enquiry was conducted as a result of which, the petitioner was

terminated. The order of the termination was given on 4.12.2001.

2.

Learned counsel for the petitioner brought to the notice of the court that aggrieved by the said order of termination, an appeal was preferred

before the appellate forum namely the Joint Director of Higher Secondary Education, Chennai and the same is also pending. After the filing of the

appeal, within a short span of two months, this writ petition has been filed invoking the writ jurisdiction.

3.

At the time of advancing his arguments, learned counsel for the first respondent pointed out that it is doubtful whether an appeal could be

maintained against the order passed. However, the learned counsel for the petitioner would submit that he would await the result of the appeal

pending before the Joint Director and after the disposal of the same, invoke the jurisdiction of this Court if necessitated by circumstances.

Therefore, the writ petition is disposed of accordingly with a direction to the Joint Director to dispose of the appeal pending on its file within a

period of two months herefrom and pass a suitable order in accordance with law. The parties are left to bear their costs.