J HIRUDAYARAJ Vs. DISTRICT ELEMENTARY EDUCATION OFFICER

JUDGEMENT

(1.) THE petitioner, since deceased, was aggrieved against the final order of punishment dated 9.3.1999 in Na.Ka.No.9333/A4/98, in and by which, the petitioner was imposed with the punishment of temporary demotion for a period of one year. THE petitioner is stated to have expired on 15.2.2006 and thereafter, his legal representatives viz. the wife and sons of the deceased petitioner came to be impleaded as petitioners 2 to 4 by an order dated 22.6.2006 in W.P.M.P. No.12852 of 2006.

(2.) THE brief facts, which are required to be stated, are that the deceased first petitioner joined the service in education department on 22.9.1970 on temporary basis and was appointed on regular basis from 1.7.1971 as Secondary Grade Teacher. He got his promotion as Headmaster in Municipal Primary School, Puthur, Tiruchirapalli. Based on the inspection conducted by the respondent on 10.12.1998, a charge sheet came to be issued to the first petitioner on 29.1.1999 in which four charges were framed against him. THE charges are as under: -

(3.) INASMUCH as the first petitioner is no more and the impugned order of punishment viz. temporary demotion for a period of one year did not operate till the date of superannuation of the petitioner viz. 28.2.2003, it will have to be held that the said order of punishment cannot be sustained on that ground itself. Further, after hearing the learned counsel for the petitioner as well as learned Government Pleader, I find that even on merits, the impugned order cannot be sustained.