C POTHILINGAM Vs. DISTRICT ELEMENTARY EDUCATIONAL OFFICER TIRUNELVELI

JUDGEMENT

(1.) This writ petition has been filed praying to quash the order passed by the third Respondent in his proceedings dated 25/9/2009.

(2.) The case of the Petitioner is that on 15/10/1973, he has joined in the third Respondent Management as a Secondary Grade Teacher and he was promoted as Head Master on 2/2/1998. He is the office bearer of Tamil Nadu Primary School Teachers' Federation which has been formed for the welfare of the Teachers' working in Panchayat Union and private Schools. Whenever the grievance is brought to the notice of the Association, the same will be ventilated before the authorities. While he was holding the post of General Secretary of the Association, a flash news has been issued in the newspaper against the Director of Elementary Education and on the basis of the newspaper flash, the Director of Elementary Education instructed the first Respondent to give instructions to the third Respondent/Management to place the Petitioner under suspension.

(3.) On the above said background, he was placed under suspension on 30/7/2009. Immediately, he approached and requested the Director to conduct enquiry. After finding that no news was given to the newspaper by the Association, the Director of Elementary Education, on 7/8/2009, directed the first Respondent to instruct the Management to withdraw the suspension. Challenging the above said order, the Management had filed a writ petition without impleading the Petitioner as a party to the proceedings and got an order of stay of the operation of the order.