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Madras High Court · body

2015 DIGILAW 1780 (MAD)

K. S. Basheer Ahamed v. District Educational Officer, Tenkasi, Tirunelveli District

2015-04-01

V.M.VELUMANI

body2015
Judgment :- The petitioner has filed the present Writ Petition praying to call for the records of the second respondent's order dated 19.06.2008 to dismiss the petitioner from the service and quash the same and direct the respondents to reinstate the petitioner in the second respondent school as junior assistant with all service and monetary benefits. 2. The petitioner was appointed as Junior Assistant in the second respondent School 09.06.1993. Due to his hard work, the second respondent school got recognition for Standard IX and X in the year 1995 and for Standard XI and XII in the year 1997. When there was a change in the management, a new Committee did not allow him to attend work. He was not allowed to sign the attendance register. He made various representations to the authorities. Again on 29.08.2007, the petitioner sent a representation to the first respondent. The first respondent did not pass any orders on the representation. Therefore, the petitioner has filed writ petition in W.P.(MD)No.1108 of 2008. This Court, passed an order dated 15.04.2008, directing the first respondent to consider the petitioner's representation after hearing the second respondent and pass orders on merits. The first respondent did not comply with the orders of this Court. 3. According to the Administrative committee, on enquiry it was found that various misdeeds and misconduct committed by the petitioner. The committee orally asked to give explanation. The petitioner did not give any explanation and stopped attending work. In the circumstances, the second respondent dismissed the petitioner from service by the impugned order dated 19.06.2008. Therefore, the petitioner has approached this Court by way of writ petition to quash the impugned order of the second respondent dated 19.06.2008. 4. Though the writ petition is of the year 2008, the respondents have not filed any counter. 5. Heard the learned counsel appearing for the petitioner and the learned Government Advocate appearing for the respondents. 6. From the impugned order dated 19.06.2008 it is seen that the second respondent has made various allegations against the petitioner. No charge memo was issued and no enquiry was conducted. There is nothing on record to show that the second respondent has called upon the petitioner to furnish the explanation. 6. From the impugned order dated 19.06.2008 it is seen that the second respondent has made various allegations against the petitioner. No charge memo was issued and no enquiry was conducted. There is nothing on record to show that the second respondent has called upon the petitioner to furnish the explanation. It is pertinent to note that this Court by the order dated 15.04.2008 made in W.P.(MD)No.1108 of 2008 directing the first respondent to consider the representation of the petitioner after hearing the second respondent and pass orders on merits. The first respondent did not comply with the orders of this Court. On the other hand, the second respondent dismissed the petitioner from service making various allegations without issuing charge memo, calling for explanation and conducting domestic enquiry. The impugned order was passed by the second respondent in violation of principles of natural justice. The impugned order of the second respondent is liable to be set aside for the above reasons. 7. In the result, the writ petition is allowed and the impugned order of the second respondent dated 19.06.2008 is set aside. No costs.