C. MUTHUKUMAR Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The petitioner herein, while working as Middle School Head Master at Panchayat Union Middle School, Nellaithiruttu, Manoor Union, Tirunelveli District, was levelled with certain charges of sexual harassment of the girls students studying in 6th standard to 8th standard as well as for other charges under Rule 17(b) of the Tamil Nadu Civil Services (Discipline & Appeal) Rules (hereinafter referred to as the 'Rules'). Prior to the issuance of charge memo, he was placed under suspension and it is claimed that the District Elementary Educational Officer had conducted an enquiry, pursuant to which, the petitioner was found to be guilty of eight charges among the nine charges and consequently, was imposed with a punishment of stoppage of his increment for three years with cumulative effect. The appeal against the order before the Joint Director of Elementary Education was also dismissed and hence, the present writ petition.

(2.) The learned senior counsel for the petitioner raised a ground that the enquiry was not conducted as per the provisions of the Rules. According to him, no oral enquiry was conducted nor was any witnesses examined and therefore, the enquiry itself is vitiated.

(3.) The learned Additional Government Pleader would place reliance on the averments in the counter affidavit and submit that after the charges were levelled against the petitioner, he had offered his explanation on 17.08.2016 and since his explanation was not satisfactory, the District Elementary Educational Officer had appointed a Committee of Enquiry Officers to enquire into the matter. The Committee had made a detailed enquiry and found the charges to be proved. The petitioner was called upon to give his further explanation which he did on 28.12.2016. The further explanation was also considered and rejected and the punishment imposed was also porportionate to the charges levelled.