M.Sivakumar v. The Chief Educational Officer

O R D E R Heard Mr.K.Prabhu, for the Petitioner and Mr.C.Jeganathan, learned counsel for Government of Tamil Nadu, for the Respondents 1 and 2.

¶2This Writ Petition has been filed for issuance of Writ of Certiorari, challenging the impugned proceeding issued by the 3rd respondent in R.C.No.001/A/DISP/2026-1, dated 28.06.2026.

¶3The petitioner is working as a Junior Assistant in the 3rd respondent School. He was placed under suspension by the impugned proceedings. Pending enquiry, admittedly, a charge memo has also been issued to the petitioner containing all the charges. The learned counsel for the petitioner sought to assail the impugned proceedings on the ground that the petitioner is in no way responsible for the alleged charges and that it is only the Secretary who is responsible for the maintenance of accounts, etc., in terms of the bylaws of the 3rd respondent School.

¶4This Court cannot interfere with an order of suspension on such grounds. While examining the correctness or otherwise of the impugned order of suspension, this Court cannot go into the merits of the charges or examine whether the charges framed against the petitioner are true or otherwise. It is not the case of the petitioner that the impugned proceedings have been issued by an incompetent authority. On the other hand, the learned counsel for the petitioner submits that the petitioner is ready to face the charges and participate in the enquiry. In the circumstances, taking into consideration the fact that the order of suspension is of recent origin, having been issued only on 28.06.2026, this Court is not inclined to interfere with the same at this stage.

¶5Accordingly, the Writ Petition stands dismissed. However, there shall be a direction to the 3rd respondent to conclude the disciplinary proceedings initiated against the petitioner and to complete the enquiry within a period of two months from the date of receipt of a copy of this order. There shall be no order as to costs. Consequently, the connected miscellaneous petitions are closed.

06.07.2026 Index :Yes / No Internet :Yes / No NCC :Yes / No Nsr To:

1.The Chief Educational Officer, Theni District, Theni.

2.The District Educational Officer, Uthamapalayam, Theni District. MUMMINENI SUDHEER KUMAR

, J.

Nsr

06.07.2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.07.2026 CORAM THE HONOURABLE MR.JUSTICE MUMMINENI SUDHEER KUMAR and W.M.P.(MD)Nos.13993 and 13994 of 2026 M.Sivakumar ... Petitioner vs. 1.The Chief Educational Officer, Theni District, Theni. 2.The District Educational Officer, Uthamapalayam, Theni District. 3.The Secretary, ZKM Higher Secondary School, Bodinayakanur, Theni District – 625 513. ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, for issuance of Writ of Certiorari, to call for the records relating to vide impugned proceedings issued by the 3rd respondent Secretary in R.C.No.001/A/DISP/2026-1, dated 28.06.2026, quash the same. For Petitioner : Mr.K.Prabhu For R-1 & R-2 : Mr.C.Jeganathan Counsel for Government of Tamil Nadu *****