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2011 Supreme(Mad) 3787

VINOD K.SHARMA
P. K. Sriram – Appellant
Versus
Sourashtra Higher Secondary School, by its Correspondent and Secretary – Respondent


Advocates appeared:
For the Petitioner:Veera Kathiravan, Advocate.
For the Respondents:R1 - M. Vallinayagam, R2 - S. Bharathi, Government Advocate.

Judgment :-

1. The Petitioner has invoked the Writ jurisdiction of this Court, praying for issuance of a Writ, in the nature of Certiorari, to quash the order of dismissal from service dated 6.12.2005, with a consequent prayer for issuance of a Writ, in the nature of Mandamus, to reinstate the Petitioner in service with all consequential benefits.

2. The Petitioner was issued a Charge Memo, alleging misconduct. The reply to the said Charge Memo was filed. Being not satisfied with the explanation submitted by the Petitioner, an Enquiry Officer was appointed in conduct an enquiry.

3. The Enquiry Officer held the petitioner guilty of the charges, and the Competent Authority, by agreeing with the Enquiry officer, and finding the explanation of the Petitioner to the show cause notice issued being unsatisfactory, terminated his services.

4. The Petitioner, instead of filing a Statutory Appeal against the order of punishment, filed this Petition under Article 226 of the Constitution of India.

5. In support of the Writ Petition, Affidavit ha been filed, without pleading any document. In absence of being pleaded in the Writ Petition, the documents cannot form part of the pleadings.

6. In t
















































































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