1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 4/8/2011 CORAM THE HONOURABLE Mr.JUSTICE S.MANIKUMAR W.P.(MD)No.6271 of 2011 T.Sam Razal ..Petitioner Vs. 1. The District Elementary Educational Officer Tirunelveli District. 2. The Additional Assistant Elementary Educational Officer Nanguneri Tirunelveli District. 3. The Correspondent The Evangelical Primary School Panankulam via., Moonradaippu Tirunelveli District 627 152. ..Respondents Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of certiorarified mandamus to call for the records relating to the proceedings dated 26/4/2011 on the file of the third respondent regarding the disciplinary proceedings against the petitioner and quash the same and further directing the third respondent to conduct a denovo proceedings into the charges against the petitioner by providing an opportunity to the petitioner to defend the changes. For petitioner ... Mr.G.Prabhu Rajadurai For respondent ... Mr.S.Chandrasekar, Government Advocate for R.R.1 and 2 Mr.V.Panneer Selvam for R.3 ORDER What is impugned in this writ petition is a second show cause notice issued to the writ petitioner calling for further explanation on the adverse findings recorded against the petitioner. One of the grounds raised is that, the enquiry report has not been enclosed along with second show cause notice and that therefore, the notice itself is liable to be set aside. 2. A detailed counter affidavit has been filed by the third respondent School, wherein, it is contended that, after the issuance of this notice, the Management has already terminated the services of https://hcservices.ecourts.gov.in/hcservices/ 2 the writ petitioner on 14/6/2011 with effect from 15/6/2011 and that the order of penalty has been challenged in W.P.No.6897 of 2011. 3. Learned counsel appearing for the petitioner requested that the present writ petition to be tagged along with the other writ petition viz., W.P.(MD) No.6897 of 2011. This Court is not inclined to accept the said request for the reason that when the show cause notice has already culminated into a final order of penalty, and therefore, no adjudication is called for in this writ petition. Accordingly, the writ petition is dismissed as infructuous. However, the petitioner, is permitted to raise all the points relating to the violation of principles of natural justice including non-furnishing of the copy of the Enquiry Officer's report, if it had caused prejudice, in addition to the grounds raised in the writ petition, challenging the order of termination. 4. This writ petition is dismissed as infructuous. No costs. Consequently, the connected Miscellaneous Petitions are also dismissed. Sd/- Deputy Registrar(Writs) /True Copy/ Assistant Registrar To 1. The District Elementary Educational Officer Tirunelveli District. 2. The Additional Assistant Elementary Educational Officer Nanguneri Tirunelveli District. 3. The Correspondent Evangelical Primary School Panankulam via., Moonradaippu Tirunelveli District 627 152. +1cc to Mr.G.Prabhu Rajadurai, Advocate Sr.No.26356 +1cc to Mr.K.Vellaiswamy, Advocate Sr.No.26661 +1cc to The Special Government Pleader, SR.No.26393 mvs akm/8.8.11 /2p-7c/ W.P.(MD) No.6271 of 2011 https://hcservices.ecourts.gov.in/hcservices/