P SARASWATHY Vs. DISTRICT ELEMENTARY EDUCATIONAL

JUDGEMENT

(1.) QUESTIONING the correctness of the order dated 05.03.2007 made in writ petition No.1940 of 2007 this writ appeal is filed. In the said writ petition, the appellant/petitioner has sought for issuance of writ of mandamus to call for the records relating to the order made in memorandum No.2 dated 26.02.2007 passed by the third respondent, whereby the appellant was placed under interim suspension for certain charges levelled against her. That order of memorandum dated 26.02.2007 was put in issue by contending that the order impugned in the writ petition is violative of Section 22(3)(e) of the Tamil Nadu Private Schools (Regulation) Act, in the sense that interim suspension can be passed only when certain action is contemplated and not thereafter. To put it precisely, such an order can be passed only at the stage of contemplation of action and not beyond that. Hence, the order of suspension is without jurisdiction. The other contention for assailing the impugned order was that the impugned order has been passed initially without serving the charge memo dated 23.11.2005.

(2.) THE learned single Judge non suited the petitioner on both the grounds by stating that the provisions under section 22(3) of the Act cannot be strictly construed as contended by the learned counsel for the petitioner. It is well open to the respondents to place the teacher or any other person under suspension even after the contemplation of the enquiry. Like that, the other contention that non serving of the charge memo has also been negatived on the ground that the explanation submitted by the appellant on 28.11.2005 falsifies the above statement.

(3.) SECTION 22(3) (a) and (b) of the Act read as follows : SECTION 22. Dismissal, removal or reduction in rank or suspension of teachers or other persons employed in private schools :--