ORDER

This writ petition is filed challenging the order of suspension dated 10.09.2019 passed by the second respondent on the petitioner.

2.The petitioner, who is working as a Drawing Teacher in the Government Higher Secondary School Kadaladi, Ramanathapuram District is placed under suspension by the Second respondent the Chief Educational Officer, Ramanathapuram vide impugned proceedings dated 10.09.2019, based on a criminal case registered against him in Crime No.101 of 2019 on the file of the Kadaladi Police Station for the offence punishable under Sections 341, 294(b) and 506(i) IPC r/w Section 4 of the Tamil Nadu Prohibition of Harassment of Woman Act, 2002 that this petitioner harassed a woman Teacher working in the same school.

3.According to the petitioner the said criminal case was foisted against him, since he filed a direction petition before this Court in Crl.O.P(MD)No.691 of 2019 for a direction for reinvestigation of the case in Crime No.126 of 2015, on the file of the Kadaladi Police, registered for the offence punishable under Sections 457 and 380 IPC, for missing of 20 laptops worth about Rs.2,67,900/- from the school. The petitioner and his relatives were taken on illegal custody by the Inspector of Police as accused. For this the petitioner approached the State Human Rights Commission in SHRC No.1929 of 2016. According to the petitioner, the laptops were under the custody of one Chokar and when this petitioner revealed the same to the Police, another case was registered in Crime No.112 of 2016 for the offence under Sections 307 and 506(ii) IPC as against the relatives of the petitioner.

4.The petitioner came to know through the information obtained under the Right to Information Act that the case registered in Crime No.126 of 2015 was closed as undetected and therefore, he filed a petition before this court in Crl.O.P(MD)No.691 of 2019 for reinvestigation of the case in Crime No.126 of 2015 by some other investigation agency.

5.This Court considering the facts and circumstances of the case allowed the said direction petition by order dated 21.01.2019 with a direction to the petitioner to approach the respondent Police and to furnish the information available with him and based on the information, the police shall proceed with the investigation. Since the petitioner obtained the above order for reinvestigation of case registered for missing of the laptops, at the instigation of the real accused, this case in Crime No.101 of 2019 was foisted against him on 02.09.2019 that this petitioner misbehaved with one of the female teachers working in the school. Therefore, the learned Counsel prays for allowing this writ petition.

6.The learned Additional Government Pleader appearing for the respondents submits that based on the criminal case registered in Crime No.101 of 2019 on the file of the Kadaladi Police Station, the petitioner was arrested on 04.09.2019 and was released on bail on 06.09.2019. Therefore a charge memo was issued to the petitioner on 24.12.2019 under Rule 17(b) of the Tamil Nadu Civil Service (Discipline and Appeal) Rules. However, the petitioner has not submitted his explanation so far. Pending the departmental proceedings, he was placed under suspension and he was paid with subsistence allowance.

7.Considering the nature of issue involved in this case, this Court suo motu impleaded respondents 3 to 5 to this proceedings, to ascertain the status of the case in Crime No.126 of 2015. The fifth respondent Inspector of Police filed a status report on 20.12.2021 that the case in in Crime No.126 of 2015 was registered on 28.11.2015 and the investigation officer Mohan examined 12 witnesses upto 10.12.016 and this investigating officer was transferred at this stage. Subsequently the investigation was continued by one Arumugam, Inspector of Police, from 10.03.2016 and he re-examined the 12 witnesses, who were examined by the previous investigating officer and he also examined this petitioner and took his fing