B.SOWNDHARARAJ Vs. DIRECTOR OF ELEMENTARY EDUCATION CHENNAI

JUDGEMENT

(1.) This Writ Petition has been filed, challenging the Charge Memo, dated 29.11.2018, issued by the second respondent, and for a consequential direction to the respondents to include the name of the petitioner in the Panel and to consider his promotion as B.T.Assistant (Science).

(2.) The case of the petitioner is that he was appointed as a Secondary Grade Teacher in the year 2004 and he has become eligible for promotion as B.T.Assistant (Science) as on 01.01.2019. However, the petitioner had participated in an agitation that was organised by Tamil Nadu Elementary School Teachers Association on 26.11.1998. It is stated, that during the demonstration, a Government Order came to be burnt and that was taken to be a violation of Rule 22 of the Tamil Nadu Government Servants Conduct Rules and, therefore, the Charge Memo came to be issued against the petitioner under Rule 17 (b) of the Tamil Nadu Civil Services (Discipline and Appeal) Rules, in short, ''the Rules''. The said Charge Memo is the subject matter of challenge in this Writ Petition.

(3.) Mr.M.Ravi, learned counsel for the petitioner, submitted that the facts of the present case will not justify the Charge Memo being issued under Rule 17 (b) of the Rules and there are guidelines which clearly indicate the type of cases that can be brought within Rule 17 (b) of the Rules, but the case on hand will not fall under those guidelines. The learned counsel has further submitted that as a subsequent development, the F.I.R., that was registered against the petitioner and others, came to be quashed by this Court, by an order, dated 03.07.2019, passed in Crl.O.P.No.17302 of 2019. He also submits that in view of the said subsequent development, no useful purpose will be served in continuing further with the Departmental proceedings and, therefore, he requested this Court to interfere with the Charge Memo and issue directions to the respondents to consider the name of the petitioner for promotion as B.T.Assistant (Science). The learned counsel, in order to substantiate his submissions, has placed reliance upon two judgments of this Court, one in M.Sapoornam v. The State of Tamil Nadu, dated 22.03.2013, passed in W.P.(MD)No.12725 of 2011, 2013 SCC OnLine Mad 1057, and the other in The Government of Tamil Nadu v. P.Sundar, dated 07.08.2018, passed in W.A.No.1184 of 2015.