Kamala vs The Secretary to Government

T. Raja, J.—This writ petition has been filed by Kamala W/o. Nagarajan, challenging the impugned order dated 21.05.2014 passed by the State Commissioner for Differently Abled, K.K. Nagar, Chennai, 2nd respondent herein, placing the petitioner under suspension under sub rule e(1)(1) and (2) of Rule 17 of the Tamil Nadu Civil Service (Disciple & Appeal) Rules, with immediate effect until further orders and for a consequential direction to the respondents 1 and 2 to reinstate the petitioner as Day Watchman in Government Girls Higher Secondary School for Blind, Puthur, Trichy-620 017 with service and back-wages.

Learned counsel for the petitioner would submit that after the petitioner was appointed as Aaya through the Thanjavur Employment Exchange in Government Girls Higher Secondary School for the Visually Impaired at Thanjavur, by proceedings dated 24.07.1984 of the District Social Welfare Officer, Thanjavur, after 11 years, she was made as a permanent Aaya on 03.05.1995 in Government Higher Secondary School for the Visually Impaired at Erode. Thereafter, vide order dated 28.11.2013, the 2nd respondent regularised the services of the petitioner with effect from 02.08.1989. Subsequently, by proceedings dated 08.07.2004 of the Joint Director, Department for the welfare of the differently abled, Government of Tamil Nadu, Chennai, she was transferred to Trichy Girls Higher Secondary School. The petitioner has completed 30 years of service and she was due to retire in 2013.

When the matter stood as above, the 3rd respondent/Headmistress, Government Girls Higher Secondary School for Blind, Puthur, Trichy, has allowed private parties to have food inside the school premises, in connection with an ear boring ceremony, as a result, a newspaper report came to be issued. On coming to know of the newspaper report that private parties who conducted function in a nearby temple were allowed to take food inside the premises of the school, the 2nd respondent placed the petitioner under suspension by proceedings dated allowing private parties to make use of the 3rd or 21.05.2014, stating that the petitioner was responsible for respondent school for private purpose. Subsequently, an enquiry was conducted, wherein it was found that the petitioner had nothing to do with the holding of function and allowing private parties to take food inside the 3rd respondent school. The enquiry further revealed that Headmistress of the 3rd respondent school was responsible for allowing private parties to make use of the school for private purpose. When the enquiry report has clearly revealed that the petitioner has nothing to do with the above allegation and that the Headmistress of the 3rd respondent school alone was responsible for the same, learned counsel for the petitioner, pleaded, the impugned suspension orders is liable to be quashed.

On written instructions, Mr. T.S. Mohammed Mohideen, learned Additional Government Pleader appearing for the respondents by producing the enquiry report of the District Revenue Officer, Tiruchirappalli, dated 09.09.2014, also pinpointed to this Court that only on the oral permission granted by the Headmistress of the 3rd respondent school, the school was used for serving food to the people, who participated for an ear-boring ceremony.

Perusal of the enquiry report dated 09.09.2014 shows that the petitioner has nothing to do with the allegation for which, she was placed under suspension, therefore, this Court is of the view that the impugned order has no legs to stand and liable to be interfered with. Accordingly, the impugned order is set aside and the 2nd respondent/State Commissioner for Differently Abled, K.K. Nagar, Chennai is directed to pass appropriate order, permitting the petitioner to continue in service as Day Watchman, Government Girls Higher Secondary School for Visually Impaired with service and monetary benefits. The writ petition is allowed accordingly. It is made clear that the petitioner shall not take advantage of this order by not co-operating with the higher officials of the 3rd respondent school. Consequently, connected miscellaneous petitions are closed. No costs.