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W.P.No.17463 of 2021

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.01.2026

CORAM:

THE HONOURABLE MR. JUSTICE T.VINOD KUMAR

W.P.No.17463 of 2021

I.Amanullah ... Petitioner

vs

1. The Director of School Education,

D.P.I Compound, College Road,

Chennai – 600 006.

2. The Joint Director of School Education

(Personnel),

D.P.I Compound, College Road,

Chennai – 600 006.

3. The Chief Educational Officer,

Kancheepuram District,

Kancheepuram. … Respondents

Prayer: Writ Petition is filed under Article 226 of the Constitution of India,

praying to issue a Writ of Certiorarified Mandamus, to call for the records relating

to the proceedings of the second respondent dated 07.07.2021 bearing reference

No.R.C.No.18587/A4/S2/2000 imposing the penalty of dismissal order from

service and quash the same as being illegal, arbitrary, vindictive and in violation of

the principles of natural justice and consequently direct the first and second

respondents to pay all benefits including monetary for the period the petitioner was

placed under suspension within a time frame and to pass orders.

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W.P.No.17463 of 2021

For Petitioner : Mr.P.Aravindh

for Mr.S.Saravanakumar

For Respondents : Mrs.P.Rajarajeswari

Government Advocate

O R D E R

Heard the learned counsel for the petitioner and the learned Government

Advocate appearing on behalf of the respondents and perused the records.

2. Briefly, put the case of the petitioner is that the second respondent,

before passing impugned order dated 07.07.2021, though had issued a show cause

notice dated 01.04.2021 invoking Rule 17 (c) (i) of the Tamil Nadu Civil Services

(Discipline and Appeal) Rules, did not take into consideration the explanation

submitted by the petitioner thereto on 16.06.2021 and as such, the impugned order

is vitiated.

3. On behalf of the petitioner, it is further contended that though the

second respondent in the impugned order acknowledges the petitioner having

submitted his written explanation to the show cause notice issued, however, did not

assign any reasons for not considering the explanation offered by the petitioner

while passing the impugned order and as such, the impugned order is in violation

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W.P.No.17463 of 2021

of principles of natural justice and also contrary to the requirements specified in

Rule 17 (c) (i) of the Rules.

4. Contending as above, the learned counsel for the petitioner seeks for

setting aside the impugned order.

5. The learned Government Advocate appearing on behalf of the

respondents, by drawing the attention to this Court to the counter filed on behalf of

the respondents would submit that the second respondent, before passing impugned

order, had complied with the provisions of Rule 17 (c) (i) of the Rules and thus, the

impugned order does not call for any interference.

6. The learned Government Advocate further submitted that on the

petitioner being convicted under the provisions of Prevention of Corruption Act

and being awarded a sentence of 7 years Rigorous Imprisonment, he was issued

with the show cause notice dated 01.04.2021 under Rule 17 (c) (i) of the Rules,

calling upon the petitioner to submit his explanation within 15 days from the date

of receipt of the show cause notice and on the petitioner sending his explanation on

16.06.2021 through Courier, the second respondent authority, by considering the

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W.P.No.17463 of 2021

explanation submitted and having found the reasons stated therein not being

satisfactory, had passed the impugned order by noting that the explanation has

been considered.

7. Contending as above, the learned Government Advocate seeks for

sustaining the impugned order.

8. I have taken note of the respective submissions as urged.

9. Though the second respondent had invoked the provisions of Rule 17

(c) (i) of the Rules for initiating disciplinary