CHIEF EDUCATION OFFICER Vs. PARENTS TEACHER ASSOCIATION

JUDGEMENT

(1.) THE petitioners in Crl. OP No. 29201 of 2011 are the accused 1 and 2 and the petitioners in Crl. OP No. 27638 of 2011 are the accused 3 and 4 in CC No. 155 of 2011 on the file of the learned Judicial Magistrate No.5, Salem. Seeking to quash the said case, the petitioners have come up with these two petitions.

(2.) THE facts of the case would be as follows: The respondent is the complainant in the said case. He was the President of the "Parents Teachers Association" of "Kugai Municipal Girls Higher Secondary School" at Salem, during the academic year 2009-2010. There were complaints to the District Collector, Salem and the Director of School Education from the public that the said respondent Parents Teachers Association (Hereinafter referred to as "the PTA") illegally collected huge sum as donation from the parents of the students of the said school during the academic year 2009-2010. The District Collector, Salem and the Director of School Education directed the first accused/the Chief Educational Officer, Salem to take action on the said complaints. Based on the same, the Chief Educational Officer, Salem by order dated 22.6.2009 dissolved the PTA and directed the Association to refund the amount to the parents of the students. Challenging the same, the PTA filed a writ petition in WP No. 13121 of 2009 before this Court. It was contended before this Court in the said writ petition that the said order came to be passed without affording any opportunity to the. PTA and thus, the said order was passed in gross violation of the principles of natural justice. Accepting the said contention, this Court by order dated 15.10.2009, set aside the said order of the Chief Educational Officer and allowed the writ petition. However, this Court issued a specific direction to the authorities to make fresh enquiry with regard to the allegations made against the PTA after following the due process of law.

(3.) THEREAFTER , the respondent filed a private Complaint before the learned Judicial Magistrate No. 5, Salem against the petitioners herein alleging that they have committed offence; punishable under Sections 499(2), 500, 501 and 120(B) of I.P.C., (Extracted as stated in the complaint). Further, according to the complaint, ibe conduct of enquiry by the Committee and the report submitted by them amounts to conspiracy punishable under Section 120(B) l.P.C, and the notice issued by the first respondent for personal hearing amounts to offence under Section 499(a), 500 and amp; 501 l.P.C. The said complaint was presented before the learned. Judicial Magistrate on 3.6.2011.