ORDER: The prayer in the main writ petition is for certiorari to call for the records relating to the proceedings of the second respondent in Charge No.15 of 2001, dated 30.8.2001 and quash the same.

2. The prayer in the writ miscellaneous petition, W.M.P. No.28223 of 2001, is to stay all further proceedings in charge No.15/2001, dated 30.8.2001 of the second respondent, pending disposal of the main writ petition. In this writ miscellaneous petition, on 12.10.2001, D.Murugesan, J. On being prima facie satisfied, following the decisions of the Supreme Court in Kusheshwar Dubey v. M/s. Bharat Coking Coal Limited, (1988)4 S.C.C. 319: A.I.R. 1988 S.C. 2118 and State of Rajasthan v. B.K.Meena, (1996)6 S.C.C. 417: (1996)7 Scale. 363, wherein it has been held, “that where criminal as well as disciplinary actions were grounded on the same facts, the say of disciplinary action would be justified”, granted stay of further proceedings in charge No.15 of 2001, dated 30.8.2001, of the second respondent pending further orders.

3. W.M.P. No.32054 of 2001 has been filed by respondents 2 and 3 in the main writ petition to vacate the order of interim stay granted on 12.10.2001 in W.M.P. No.28223 of 2001.

4. There are two proceedings initiated against the writ petitioner. One is a criminal proceeding under Sec.377 read with 511, I.P.C. and it is pending before the Court of the Judicial Magistrate III, Salem; and the writ petitioner has been enlarged on bail. So far as the other proceeding is concerned, it is a departmental action initiated by the School against the writ petitioner.

5. The version of respondents 2 and 3 is as follows:

On 29.3.2001 at about 2.35 p.m. one Sahayanathan (Office Assistant in the School) informed the Headmaster that he saw the writ petitioner taking a IX Standard student N.Allaudin Badsha to the bathroom. The Headmaster asked him and two other staff members (one Teacher, B.Karthikeyan by name, and a non-teaching staff S.Kulandasamy) to go and find out the facts. They went to the bathroom. Whey they entered the bathroom, the writ petitioner forcibly rushed out. They found, the student Allaudin Badash standing inside without trousers and underwears. The writ petitioner left the school campus through the play ground. The teacher, the non-teaching staff and the office Assistant brought the student to the Headmaster. On enquiry, the student told the Headmaster that the writ petitioner took him to the bathroom, molested him and attempted unnatural sex on him, and seeing the staff, the writ petitioner rushed out. There was uproar among the students and the staff. In the evening, the members of the Management met and decided to lodge a complaint with the police. A written complaint to the Inspector of Police, Hasthampatti Police Station, Salem, was given at about 8.00 p.m. on the same day and the complaint was registered as CSR No.57 of 2001. The police, after inquiring the student and the staff, registered an First Information Report in Cr.No.182 of 2001, under Sec.377 read with 511, I.P.C. The writ petitioner was arrested on 31.3.2001. and kept under judicial custody in the the Central Prison, Salem from 1.4.2001. This was intimated to the Chief Educational Officer/ first respondent in the writ petition, by the Inspector of Police by letter dated 3.4.2001. A copy of which was marked to the school. On 4.4.2001, the Correspondent, by order No.6 of 2001, placed the writ petitioner under suspension. The suspension order was communicated to the writ petitioner through the Jail Superintendent. In an emergent meeting, on 29.3.2001, the staff council passed a resolution condemning the act of the writ petitioner and requesting the Management to take severe action. So also, the Teachers’ Association passed a similar resolution condemning the act, and removed the writ petitioner from its membership and expressed its fullest co-operation for the actions to be taken against the writ petitioner. This was also given publicity in several newspap

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