JUDGMENT :- (Prayer: Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Certiorari, to call for the records relating to the impugned order passed by the third respondent in his proceedings in Na.Ka.No.3539/2/2013, dated 19.08.2013 and the consequential impugned proceedings issued by the third respondent in his proceedings in Na.Ka.No.3539/2/2013 dated 06.02.2014 (served on 17.02.2014) and quash the same as illegal. Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Certiorari, to call for the records relating to the impugned order passed by the third respondent in his proceedings in Na.Ka.No.6363/A5/2014, dated 14.02.2014 and quash the same as illegal.) Common Order: The issue involved in these two writ petitions are one and the same, these two writ petitions are taken up together and disposed of by way of common order. These writ petitions have been filed by the petitioners for the issuance of a Writ of Certiorari, to call for the records relating to the impugned order passed by the respective respondents and quash the same as illegal. 2. The service matrix of the petitioners that are required for the determination of this writ petition are as under: (a) In respect of W.P(MD).No.4343 of 2014, the petitioner was working as a Headmaster in the Government Higher Secondary School, C.Ayyampalayam, Mannachanallur Taluk, Trichy District. Intially he was appointed as P.G.Assistant(Zoology) on 28.10.1987. The petitioner had rendered 27 years of unblemished service and he was not issued with any charge memo. The State Government identified several articles for free distribution to the students studying in the Government and Government aided Schools free of cost. Accordingly, 118 Laptops were issued to the petitioner's school for distribution to the students. On 13.06.2013, it was reported that out of 118 laptops 31 laptops stored in the Headmaster Room were stolen. Thereafter the petitioner lodged a complaint before the Sub Inspector of Police, Mannachannallur Police Statoion and an FIR was also registered under Sections 457 and 380 of IPC in Crime No.108 of 2013. When investigation was in progress, the third respondent initiated recovery proceedings based upon the G.O.Ms.No.16 Special Programme Implementation Department, dated 24.10.2013. Aggrieved against the said order, the writ petitioner has preferred this writ petition. When investigation was in progress, the third respondent initiated recovery proceedings based upon the G.O.Ms.No.16 Special Programme Implementation Department, dated 24.10.2013. Aggrieved against the said order, the writ petitioner has preferred this writ petition. (b) In respect of W.P.(MD).No.4127 of 2014, the petitioner Vasanthi Stella Bai is the Headmistress of the Government Higher Secondary School, Kosukurichi, Natham Taluk, Dindigul District and a similar incident has said to have taken place whereby 26 number of laptops was found to be stolen and the responsibilities was fixed upon the Headmistress following the G.O.Ms.No.16 Special Programme Implementation Department, dated 24.10.2013. Price of one laptop is fixed at Rs.13,939/- for the financial year 2011-12 and Rs.16,789.50/- for the financial year 2012-13. Accordingly, recovery was ordered after giving show cause notice. Following the explanation submitted by the petitioner, the impugned order has been passed by the third respondent. Hence the petitioner filed W.P.(MD).No.4127 of 2014. 3. The learned counsel for the petitioners in both petitions relied upon the decision of this Court in W.P.(MD)No.11213 of 2014 dated 17.09.2019, wherein for the similarly placed person, recovery has been ordered and the same was set aside on the ground that the non-speaking order has been passed by the contesting respondent. The learned Government Pleader submitted that because of the irresponsibility of the writ petitioner in W.P.(MD).No.4343 of 2014, 31 laptops were stolen in the Government Higher Secondary School, S.Ayyampalayam, Trichy District which is worth about Rs.5,20,474.50/-. 4. Heard both side and perused the records. 5. After hearing both the parties and after perusing the orders impugned in both writ petitions, the petitioners are Headmaster & Headmistress, who are entrusted with the duty and responsibility to keep the free laptops, which have to be distributed for the students. In both the cases the petitioners have deployed the watchman appointed by the Parent and Teachers Association. Subsequently, when the laptops are found to be stolen, they lodged police complaint. However the same was closed as not traceable. Meanwhile the Government has passed G.O.Ms.No.16 Special Programme Implementation Department, dated 24.10.2013, wherein the cost of the laptop was fixed and the Head of Account has been transcribed. 6. In the present cases, show cause notices have been issued by the third respondent/Chief Educational Officer of the respective Zone and explanations have been submitted by the petitioners. Meanwhile the Government has passed G.O.Ms.No.16 Special Programme Implementation Department, dated 24.10.2013, wherein the cost of the laptop was fixed and the Head of Account has been transcribed. 6. In the present cases, show cause notices have been issued by the third respondent/Chief Educational Officer of the respective Zone and explanations have been submitted by the petitioners. It is to be stated that by the impugned order, the third respondent has mechanically passed an order directing the petitioners herein to pay a sum of Rs.5,20,474.50/- and Rs.4,36,540/- respectively. In these two writ petitions, the explanations submitted by the petitioners are not looked into. There is absolutely nothing is whispered in the impugned orders as to whether the explanations submitted by the petitioners are accepted or rejected or whether the responsibility could be fixed upon the petitioners or not. It appears from the impugned orders that taking into consideration the number of laptops that are said to have been stolen, a mechanical calculation has been arrived at and amount has been fixed and recovery was ordered and hence, I find that by a non-speaking order, recovery could not be made, especially, when show-cause notice which has been followed by the explanation by the concerned petitioner and hence in this view of the matter, I am inclined to allow this writ petition. 7. Since the impugned order in both the writ petitions are non-speaking and without taking into consideration the explanations offered by the petitioners respectively, the impugned orders were passed by the third respondent and accordingly, the orders impugned in these writ petitions are hereby set aside. The matter is remitted back to the third respondent and the third respondent is hereby directed to give a personal hearing and opportunity to the petitioners, whenever to put forth this case, thereafter give a finding as to whether the explanations have been accepted or not by passing a speaking order. 8. This Court had evidenced more number of writ petitions are pending before this Madurai Bench, are of same and similar nature. In short, a theft of free Laptop is alleged and FIR's are closed in a mechanical manner and improper order of recovery was passed with loop-holes, making a clear way to get rid off the financial liability in the Judicial Forum. 9. In short, a theft of free Laptop is alleged and FIR's are closed in a mechanical manner and improper order of recovery was passed with loop-holes, making a clear way to get rid off the financial liability in the Judicial Forum. 9. Whether there is a laxcity on the part of local police in investigation of FIR in making recovery of stolen property (viz.,) material object - free Laptop (or) the lodging of FIR as if there was theft, by itself, is a pre-calculated eye-wash to cover-up the misdeeds of prolifirage of free laptop meant for school students, is larger question that needs to be resolved in view of the greater public importance. 10. Yet another issue is that, though the G.O. issued by the Education Department prescribing recovery of the cost of lost Laptop but the procedure to be adopted appears to be another legal-hole made-ready to escape from the liability of payment of cost in view of the absence of prescribed procedure therefore. There cannot be recovery of money without show cause notice, is being based on legal principles of natural justice. No one can be taxed without sanction of law and observance of principles of natural justice. However, it appears from the typed set of papers that the so-called recovery of cost of lost Laptop, are full of loop-hole, making the entire episode of alleged recovery proceedings as name sake. 11. The state of Tamil Nadu is pioneer incalculating e-learning amongst school-going students. This state has said 'Vanakkam' for e-learning through the aid of Laptop much before, our nation, the Bharath has said 'Namaste' to e-learning, is to be emphasised. 12. The Government of Tamil Nadu has introduced the distribution of free Laptop to the school students, with noble object in mind, however it appears, that at the distribution level viz., at gross root level "All is not well", when it comes to Laptop reaching the hand of beneficiary. 13. As observed earlier, there is bay of lack co-ordination between law enforcement authority, in making headway in investigation of FIR on theft of Laptop from school campus. 14. On the other hand, the Education Department making recovery of amount from Headmaster of School without observing the basic requirement of law making Court to set aside the recovery proceeding on violation of principles of natural justice. 15. 14. On the other hand, the Education Department making recovery of amount from Headmaster of School without observing the basic requirement of law making Court to set aside the recovery proceeding on violation of principles of natural justice. 15. In the above circumstances, In exercise of power conferred on this Court under Article 226 of the Constitution of India, it is hereby directed that 1) The Secretary (Education) is required to form a Special Committee consisting of, (a) Inspector General of Police, North and South zone (b) Director of the School Education and (c) Special Government Pleader (Education) at High Court as a Special Committee to monitor the following instructions. 2) The committee so constituted is hereby required to sort out the total number of reported cases of theft of Laptop from the year 2012 onwards. The list of FIR, the cases that are deducted so far, the cases that are not deducted so far, if any recovery is made, if so the details and also to take necessary steps for investigation of the FIR that are pending or that are closed on improper investigation and also to take effective steps to deduct the case with the aid and assistance of the Cyber - crime branch by adopting scientific method to trace out the electronic gadgets viz., Laptops. 3) The Special Government Pleader (Education) shall advice the Education Department for the proper procedure that has to be adopted for recovery of amount from the concerned head of the institutions. This exercise of formation of Special Committee shall be completed within a period of eight weeks from the date of receipt of a copy of this order. 4. The Special Committee so formulated as above shall also suggest the ways and means to give necessary protection for the storage of Laptop at various school levels. The Special Committee shall also suggest various methods or the necessary precautions that has to be taken for the proper storage and to keep the proper custody of the Laptop. The Special Committee shall also suggest the security arrangements that are to be made by the Head of the Educational institutions, Headmaster and headmasters of the School where the Laptops are stored from the receipt of the Laptop from the company till it was disbursed as per the Government schedule. 16. With these observations, these writ petitions are partly allowed to the extent as indicated above. 16. With these observations, these writ petitions are partly allowed to the extent as indicated above. No Costs. Consequently, connected miscellaneous petitions are closed.