K LEELAVATHI WIFE OF GUNASEKARAN SECRETARY-CUM-CORRESPONDENT S R V M SCHOOL MANALMEDU VILLAGE MAYILADUTHURAI TALUK Vs. PANEERSELVAM SON OF NAGARATHINAM PRINCIPAL S R V M SCHOOL MANALMEDU VILLAGE MAYILADUTHURAI TALUK

JUDGEMENT

(1.) THE present second appeal has been filed challenging the concurrent findings of the Courts below.

(2.) BRIEF facts leading to the filing of the second appeal are given as under:- The plaintiff/respondent herein, who was working in the appellants' school for more than 25 years, was issued with a show cause notice framing four charges on 13.10.2004, calling for an explanation from the plaintiff/respondent herein. On receipt of the same, he had also sent his explanations. But, all of a sudden, without holding any enquiry, the defendants/appellants herein had terminated the service of the plaintiff and to that effect, issued termination order, dated 18.05.2005, as per the resolution passed by the Trust Members. Challenging the said termination order, the plaintiff/respondent filed a civil suit, wherein it was contended that, as per the Matriculation Rule 97(B) proviso (II), no teacher shall be removed without prior permission from the Inspector of the Schools. But, in this case, since the said procedure has not been followed, the plaintiff/respondent herein has filed a suit in O.S.No.202 of 2005, before the Additional District Munsif, Mayiladuthurai, seeking to declare that the termination order passed by the first defendant, dated 18.05.2005, as illegal, since the said order of termination is in total violation of the principles of natural justice, inasmuch as no enquiry was held against the teacher before passing the termination order and for permanent injunction restraining the first defendant from implementing the order, dated 20.05.2005.

(3.) AFTER examination of the witnesses as well as perusing the documents as mentioned above, the trial Court, finding that the termination order was passed without holding any enquiry, decreed the suit in favour of the plaintiff, by holding that there is a clear violation of principles of natural justice and further the mandatory provision of rules and regulations to get prior sanction from the Inspector of the School and prior approval from the Government for terminating a teacher, has not been followed. However, the trial Court has given liberty to the defendants/appellants herein to take steps after following the due process of law with respect to the charges framed against him. But, without following the procedure in accordance with law and exercising the liberty given, the defendants filed an appeal before the Sub-Court, Mayiladuthurai, in A.S.No.59 of 2006. The learned first appellate Court also, in its judgment and decree, dated 24.08.2006, upheld the judgment and decree passed by the learned trial Court, by holding that the order of termination is appealable under Rule 22(a) of the Tamil Nadu Matriculation Schools. As against the concurrent findings of the Courts below, the present second appeal has been filed by the defendants/appellants herein.