SISTER J VANASELVI Vs. DISTRICT EDUCATIONAL OFFICER KOILPATTI

JUDGEMENT

(1.) When a disciplinary action was initiated against the petitioner, who was working as Headmaster under the second respondent/School, by issuance of charge memos dated 8.1.2002, 22.1.2002 and 13.3.2002, the petitioner had preferred this writ petition seeking a writ of Certiorarified Mandamus to call for the records pertaining to the Charge Memos dated 8.1.2002, 22.1.2002 and 13.3.2002, to quash the same and to direct the respondents to confer all the consequential benefits to her, on the main ground that with reference to the same charges a criminal case was also lodged against the petitioner and the trial on the said criminal charges is still pending.When a disciplinary action was initiated against the petitioner, whowas working as Headmaster under the second respondent/School, by issuance of charge memos dated 8.1.2002, 22.1.2002 and 13.3.2002, the petitioner had preferred this writ petition seeking a writ of Certiorarified Mandamus to call for the records pertaining to the Charge Memos dated 8.1.2002, 22.1.2002 and 13.3.2002, to quash the same and to direct the respondents to confer all the consequential benefits to her, on the main ground that with reference to the same charges a criminal case was also lodged against the petitioner and the trial on the said criminal charges is still pending.

(2.) Mr.Muthukumarasamy, learned Additional Advocate General appearing on behalf of the second respondent/School makes it clear that the second respondent/School propose to issue a revised charge memo deleting the charges which are the subject matter in the criminal case.

(3.) It is well settled in law that, in the case of charges framed in a disciplinary enquiry, the court can interfere only if on the charges framed (read with imputation or particulars of the charges, if any) no misconduct or other irregularity alleged can be said to have been made out or the charges framed are contrary to any law. At this stage, the Court has no jurisdiction to go into the correctness or truth of the charges. The Court cannot take over the functions of the disciplinary authority. The truth or otherwise of the charges is a matter for the disciplinary authority to go into. Indeed,even after the conclusion of the disciplinary proceedings, if the matter comes to court or tribunal, they have no jurisdiction to look into the truth of the charges or into the correctness of the findings recorded by the disciplinary authority or the appellate authority as the case may be. The function of the court/tribunal is one of judicial review. Judicial review, it is trite, is not directed against the decision but is confined to the decision-making process, vide Union of India v. Upendra Singh, (1994) 3 SCC 357.