SWAMI HARIHARANANDA Vs. EDUCATIONAL APPELLATE TRIBUNAL TIRUCHIRAPALLI

JUDGEMENT

(1.) The petitioner has filed the above petition seeking for a Writ of Certiorari o call for the records of the 2nd respondent in K.Dis.11279 G7/88 dated 23-11-1988 confirming the order of the 1st respondent dated 17-04-1995 in C.M.A. No. 2 of 1989 and quash the same.

(2.) Heard both sides. The petitioner herein issued a charge memo to the 3rd respondent herein, who was employed as Junior Assistant in the petitioner's school. After receipt of the charge memo, the 3rd respondent submitted his explanation within the stipulated time. Thereafter, the 3rd respondent wrote a letter dated 07-02-1986 requesting Tamil translated version of the charge memo, which was also furnished to him on 05-03-1986. Even after receipt of the Tamil version of the charge memo, the 3rd respondent failed to submit his explanation till 07-04-1986 and he was placed under suspension with effect from 17-04-1986. The 3rd respondent submitted his explanation dated 10-04-1986 which was received by the petitioner/Management on 19-04-1986. However, the 3rd respondent failed to appear for the enquiry conducted by the School Committee and it on 23-04-1986 based on the explanation of the 3rd respondent held the charges against the 3rd respondent as proved. Ultimately, the 3rd respondent was dismissed from the services. Thereafter, petitioner/Management sent a letter dated 04-05-1986 to the Chief Educational Officer, requesting him to accord approval. It is also alleged by the petitioner that after several reminders, the Chief Educational Officer has passed orders in his proceedings R.C. No.15512 C2/86 dated 05-09-1986 rejecting the approval sought for by the petitioner. As against the order of the Chief Educational Officer, the petitioner/Management has filed an appeal before the Joint Director of School Education/2nd respondent herein. It is also alleged by the petitioenr that after several reminders, the Joint Director granted approval by his proceedings K.Dis. 356975 87 dated 27-01-1988. After receipt of the permission from the Joint Director of School Education, the 3rd respondent was dismissed from his service by order dated 22-02-1988 with effect from 17-04-1986 namely the date in which he was placed under suspension.

(3.) The 3rd respondent has also filed an appeal before the 2nd respondent herein on 28-03-1988 and it after considering the evidence on record has dismissed the appeal on 23-11-1988 with a direction to the petitioner/Management to pay salary to the 3rd respondent for the period from 17-06-1986 to 21-02-1988.