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HIGH COURT OF MADRAS
Honourable Mr Justice D.BHARATHA CHAKRAVARTHY
A.SAKTHIVEL – Appellant
Versus
THE DIRECTOR OF SCHOOL EDUCATION – Respondent
Suspension - Whistleblower - - The court examined the grounds of a suspension order and upheld it due to a lack of evidence of malafide intent, affirming the need for proper procedures in disciplinary matters.
Fact of the Case:
The petitioner was suspended pending disciplinary proceedings. He claimed the suspension was a result of being a whistleblower and alleged malafide actions against him, seeking reinstatement with back wages.
Finding of the Court:
The court found no sufficient legal grounds to intervene in the suspension order, noting that allegations of malafide must be substantiated with specific individuals named, which the petitioner failed to do.
Issues: Whether the suspension order was issued without jurisdiction or was influenced by malafide intent towards the petitioner as a whistleblower.
Ratio Decidendi: Suspension orders may be upheld unless proven to be without jurisdiction or intended maliciously, with the burden of proof on the claimant to substantiate claims of malafide intent.
Final Decision: The writ petition was dismissed, allowing the petitioner to present his case before the relevant authorities.
ORDER
This petition is filed seeking to quash the order, dated 01.03.2024 and consequently, to direct the respondents to reinstate the petitioner with full back wages.
2. The petitioner is suspended by the impugned order, dated
01.03.2024 in contemplation of Disciplinary Proceedings. The learned Counsel for the petitioner would submit that merely because the petitioner was a Whistleblower, the proceedings are initiated against him in a malafide manner. There is no iota of truth in the contemplated charges against the petitioner.
3. I have considered the said submission of the learned Counsel for the petitioner and perused the material records of the case.
4. The petitioner is suspended on 01.03.2024 in contemplation of an enquiry. At this stage, this Court cannot interfere with the order of suspension on the ground raised by the learned Counsel for the petitioner which is on the merits of the allegation. It is for the petitioner to explain or deny the charges as and when they are levelled against him. The order of suspension can be interfered by this Court, if only, it is issued without jurisdiction or malafide. Even though the petitioner makes an allegation that he is being victimised, he has not raised the allegation of malafide by impleading any person in his individual capacity.
5. The learned Counsel would further submit that only because of the nexus between the person against whom the petitioner made the allegation and the higher officials, the suspension order is now slapped against the petitioner. Even those allegations should have been made by impleading the person against whom the allegations are made in the individual capacity and only in that case, the Court can entertain the plea of malafide.
6. Since there are no legally justifiable grounds to interfere with the suspension order at this stage, this Writ Petition cannot be entertained and accordingly, is dismissed. However, it will be open for the petitioner to go before the authorities by way of explaining the charges and also by making a prayer to revoke the suspension and the same shall be considered on merits and in accordance with law by the authority concerned. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.
25.04.2024 Index : yes Speaking order Neutral Citation : no grs To
1. The Director of School Education, College Road, Nungambakkam, Chennai - 600 034.
2. The Chief Educational Officer, Chennai District, Egmore, Chennai - 600 008.
D.BHARATHA CHAKRAVARTHY, J.
grs and W.M.P.No.12382 of 2024
25.04.2024
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