LAWS(MAD)-2011-10-310

G SRINIVASAN Vs. ADDITIONAL DIRECTOR OF TECHNICAL EDUCATION (POLYTECHNIC), DIRECTORATE OF TECHNICAL EDUCATION, GUINDY, CHENNAI, INDIA CEMENTS EDUCATIONAL TRUST, SANKAR NAGAR, TIRUNELVELI DISTRICT

Decided On October 13, 2011
G Srinivasan Appellant
V/S
Additional Director Of Technical Education (Polytechnic), Directorate Of Technical Education, Guindy, Chennai, India Cements Educational Trust, Sankar Nagar, Tirunelveli District Respondents

JUDGEMENT

(1.) The petitioner is working as Assistant in the third respondent Polytechnic which is a private polytechnic governed by the Grant in aid Code given by the State Government and it is under the grant in aid, the authority is the Director of Technical Education.

(2.) In W.P.(MD)No.2580 of 2011, the petitioner challenges an order of suspension, dated 22.09.2010. The suspension was issued by the third respondent Principal for alleged disobedience of the instructions given by the superiors and also behaving in a dishonoured manner in spite of advice being tendered, the suspension was made pending enquiry.

(3.) Challenging the suspension, the petitioner filed the above writ petition. Notice of motion was ordered in the writ petition on 04.03.2011 and in the applications for interim stay and interim direction, no orders were passed by this Court. On notice from this Court, the third respondent has filed a counter affidavit, dated 30.03.2011. Even during the pendency of the said writ petition, it transpires that the enquiry against the petitioner was conducted by appointment of Enquiry Officer. The Enquiry Officer found the petitioner guilty and on the basis of the enquiry report, a notice was given to the petitioner as to why he should not be dismissed from service by a show cause notice dated 08.06.2011. It is at this stage, the petitioner filed W.P.(MD)No.6116 of 2011 and this Court while ordering notice regarding admission granted interim stay for a limited period. The interim stay was further extended by an order, dated 21.06.2011.