V RAMAMURTHY Vs. DIRECTOR OF SCHOOL EDUCATION

JUDGEMENT

(1.) CHALLENGE in this intra-Court appeal is the order dated 24.3.2010 made in W.P. No. 16827 of 2006 setting aside the order of dismissal (dated 5.10.1995) passed against the appellant retrospectively w.e.f. 3.8.1988 and remitting the matter back to the 3rd respondent - District Educational Officer, Nagapattinam to consider as per G.O. Ms. No. 153, Personnel and Administrative Reforms (F.R.III) Department, dated 8.8.2000.

(2.) THE matter had a chequered history of two decades. The appellant was appointed as a Library Record Clerk and working as Library Record Clerk in Government Higher Secondary School, Thiruthuraipoondi. On 7.11.1983, he found that some books in the library were scattered here and there and he intimated the Headmaster about the facts that out of 26,000 books, 1739 books were missing. On 1.6.1985, the Chief Educational Officer, Thanjavur has issued a show cause notice to the appellant to explain as to why a sum of Rs. 4,161.56 equivalent to the value of the missing books should not be recovered from him. The appellant has submitted his explanation to the show cause notice on 4.7.1985. On 22.12.1987, the Chief Educational Officer, Thanjavur, passed an order for recovery of sum of Rs. 4,161 -56, in twenty one instalments from the appellant's salary. Aggrieved by the same, the appellant has preferred an appeal before the Director of School Education, College Road, Madras. Thereafter, against the order of recovery, the appellant preferred an application in O. A. No. 1044 of 1989 before the Tamil Nadu Administrative Tribunal, Chennai. In the meantime, the first respondent namely the Director of School Education, Chennai confirmed the order of the second respondent and therefore, another application in O.A. No. 1124 of 1990 was also filed.

(3.) ON 31.1.1990, the District Educational Officer, Nagapattinam - the third respondent issued a show cause notice for termination of service of the appellant on the ground that he was absent for two years. The appellant has submitted his reply on 16.4.1990 to the said show cause notice and further submitted his willingness to work anywhere and requested the authority for posting orders. The appellant has further submitted that by an order dated 17.5.1990, the third respondent directed him to pay a sum of Rs. 4,161 -56 and informed him that only after the said payment, posting orders would be issued.