R MAHESWARI Vs. DISTRICT ELEMENTARY EDUCATIONAL

JUDGEMENT

(1.) THE petitioner is a Secondary Grade Teacher, now working at Panchayat Union Primary School, Erathimakkalpatti. A case in crime No.44 of 2004 on the file of Gandamanur Police Station, THEni District was registered against her under Sections 323, 355, 354, 306 I.P.C and Section 3(1)(xi) of SC/ST (Prevention of Atrocities Act) 1989 in respect of an occurrence, said to have occurred on 13.03.2004. She surrendered before the Special Court under the said Act and she was released on bail on the same day.(i.e) 25.08.2004) Consequently, the first respondent by his proceeding in Na.Ka.No.1639/A4/2004 dated 28.09.2004 prevented her from joining the duty, though there was no order of suspension passed. THE said oral order came to be challenged before this Court by the petitioner in W.P.No.2638 of 2004, in which this Court by an order dated 08.11.2004 directed the respondents not to prevent her from joining duty and in fact, the respondents were further directed to allow her to join duty. But she was not so allowed to join duty, despite the order of this Court. Though the said order was passed on 08.11.2004, on 21.03.2005 by an order in R.C.No.1227/B4/2004, the first respondent placed her under suspension on the ground that the criminal case, in which she figures as an accused, was under investigation. THE said order is now under challenge in this writ petition.

(2.) HEARD the learned counsel for the petitioner and the learned counsel Government Advocate appearing for the respondents.

(3.) I have considered the rival contentions.