MANAGER R.C.SCHOOLS Vs. C.SAGAYARAJ

JUDGEMENT

(1.) The challenge in this appeal is to the judgment of the learned Single Judge whereby an order of dismissal of the respondent/petitioner has been set aside on the ground that the enquiry proceedings were vitiated broadly on account of violation of principles of natural justice.

(2.) The background in which the disciplinary proceedings were initiated against the respondent No.1/petitioner is that he had been transferred on 29.5.2015 from R.C.Fathima Boys High School, Krishnagiri to St.Antony's Higher Secondary School, Elathagiri, which is stated by the appellants to be at a very short distance. Aggrieved by the transfer order, the first respondent filed W.P.No.17585 of 2015. The transfer order came to be approved by the competent statutory authority of the Education Department, which again came to be challenged by him in W.P.No.30872 of 2015. Both the writ petitions were dismissed by a common judgment dated 21.10.2016. One of the issues raised by the respondent/petitioner was that his status would be altered by such transfer and would also affect his seniority. The respondent/petitioner was admittedly a Mathematics teacher, who initially came to be appointed in the year 1991 on a regular basis in another school of the then Diocese, namely John Britoo High School, Anandam Nagar, Krishnagiri District. After the bifurcation of the Diocese, by an order dated 1.6.2005, the first respondent was transferred to R.C.Fathima Boys High School, which comes now under the Dharmapuri Diocese. By virtue of such transfer, the first respondent came to occupy the post In-charge Headmaster in the said school. While rejecting the plea of the first respondent about the alteration in the status of his employment vide transfer order dated 29.5.2015, the learned Single Judge observed in paragraph (17) as follows:

(3.) The writ petitions were dismissed with the aforesaid findings, against which writ appeals were filed by the first respondent that remained pending. Taking shelter of the pendency of the writ appeals, the respondent/petitioner did not choose to join the transferred place, upon which the appellant/Management sent a letter dated 30.1.2017 informing him that he has failed to abide by the transfer order even after he was given a direction on 2.12.2016 to join duty and, therefore, the management was placing him under suspension. The order of suspension dated 30.1.2017 was followed by a show cause notice on 4.7.2017 calling upon the respondent/ petitioner to join the institution or else disciplinary proceedings would be initiated against him. The respondent/petitioner instead of complying with the directions, gave a reply on 11.7.2017 that since he has preferred writ appeals, which are pending and are being pursued, the allegation of not having respected the judgment of the learned Single Judge was wrong, and that he has also not been paid subsistence allowance. On receiving this letter, the management vide charge sheet dated 11.8.2017 found the explanation given by the respondent/petitioner to be unsatisfactory and called upon the respondent/petitioner to explain as to why he has remained unauthorisedly absent and has failed to join duty, which amounts to dereliction and disobedience of the orders of the management. The respondent/petitioner instead sent a letter on 21.8.2017 for payment of subsistence allowance and on 21.8.2017, the suspension order was revoked with a direction to the respondent/ petitioner to join at the transferred institution. He was called upon to submit a separate application demanding subsistence allowance vide letter dated 4.9.2017.