JUDGMENT :

(Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, to call for the records pertaining to impugned suspend order passed by the respondent no.3 in R.C.No.3659/A3/2023 and quash the same as illegal and consequently direct the respondent to revoke the suspension order with consequential benefits within the time period stipulated by the Court.)

1. Challenging the order of suspension passed by the third respondent/District Educational Officer dated 17.11.2023, the petitioner has filed this Writ Petition.

2. The petitioner was working as a Secondary Grade Teacher in Muthaiah High School, Alinagaram, Theni District. The said School is a Government Aided School receiving grant in aid from the Government. The petitioner is also holding the Honorary post of Secretary in another School namely Maharaja Elementary School found by his father. One M. Sentraya Perumal and one Sumathi were working as Headmaster and staff in that School respectively. Due to certain internal misunderstanding between the petitioner, Headmaster and other staffs working in Maharaja Elementary School, continuous internal problems prevailed in the administration of the School. While so, the said Headmaster Sentraya Perumal gave a complaint against the petitioner, as if the petitioner had abused him and other staff Sumathi on 11.01.2023 at 11.00 a.m. As the consequence of which, a FIR in Crime No.172 of 2023 came to be registered as against the petitioner by the Theni Police under Sections 294(b), 323, 506(ii) and 379(NH) of IPC and Section 4 of Tamil Nadu Prohibition of Harassment of Woman Act. The petitioner availed anticipatory bail before this Court in Crl.O.P.(MD) No.12001 of 2023 dated 30.06.2023 in the said Crime. In view of the said pending criminal case, till the date of obtaining anticipatory bail on 30.06.2023, the petitioner could not join duty and on 11.07.2023, after executing surety, he gave a representation to the third respondent stating the pending criminal case and seeking permission to join duty. Subsequently, on 17.11.2023, the impugned order of suspension citing the pendency of the criminal case came to be passed after seven months from the date of FIR. Challenging the same, this Writ Petition came to be filed.

3. The learned Senior Counsel Mr. M. Ajmal Khan, for the petitioner attacked the impugned suspension order dated 17.11.2023 on two counts namely;

'(i) the said order has been passed by the third respondent District Educational Officer (Secondary), Theni without jurisdiction and hence, the same cannot stand the scrutiny of law.

(ii) by citing that the Joint Director of School Education (Secondary) vide proceedings dated 12.10.2023 has delegated special powers to the third respondent District Educational Officer (Secondary), Theni to take disciplinary action against the petitioner, the order of deemed suspension of service with effect from 17.11.2023 is passed citing the registration of FIR in Crime No.172 of 2023 by the Theni Police on 12.04.2023.'

4. He further contended that the power of suspension vests with the appointment authority and the Management of Muthaiah High School is the appointing authority. While the power of administration vests with the Management, the third respondent District Educational Officer (Secondary) Theni, who is only the salary disbursing authority is not competent to issue an order of suspension. That apart due to the internal problems existing in the Management of Muthaiah High School, Alinagaram, Theni District, the School is under the direct payment of the Government. Even in that case, until and unless a Special Officer is exclusively appointed for the purpose of administrating the said School, the power of administration of the School fully vests on the Management alone and hence, the third respondent District Educational Officer (Secondary), Theni District has passed the impugned order of suspension beyond jurisdiction.

5. As f