CORRESPONDENT Vs. A HAROON

JUDGEMENT

(1.) The instant intra court appeal has been filed challenging the Order passed in W.P.No.17838 of 2010 dated 20.03.2015 wherein the learned Single Judge has allowed the Writ Petition filed by the first Respondent herein. We have heard the submissions of Mr.Habibulla Badsha, learned Senior Counsel for Mr.T.P.Sankaran appearing on behalf of the Appellants and the submissions of Mr.S.N.Ravichandran on behalf of the first Respondent and of Mr.T.N.Rajagopal, learned Special Government Pleader on behalf of the second Respondent.

(2.) The short issue that arises in the present Writ Appeal is with regard to the challenge of the order dismissing the first Respondent from service by the Appellant School Management. The factual background of the matter revolves around a very narrow compass and a perusal of the records would reveal that the Writ Petitioner was working a P.G.Assistant in Biology in the Appellant Higher Secondary School for almost a decade and a half and he has had a very good track record of teaching students. On 17.05.2007, a charge memo was issued by the second Appellant herein and in the charge memo, it was stated that the first Respondent has disobeyed the instructions of the Head Master, has derelicted from his duty, has shown scant respect for the authorities and has also not submitted the practical notebooks for Class 11. However, without conducting an enquiry, a punishment of stoppage of increment appears to have been imposed on the first Respondent on 24.04.2008. Again, on 24.06.2008, the second Appellant herein has sent a charge memo that the first Respondent has not accepted the syllabus that was submitted to him and an explanation was sought for from him on the same day before 5 PM. Though he has given the explanation, he was placed under suspension on the very next day without assigning reasons. On 09.07.2008, a second charge memo was issued by the Appellant with 8 charges.

(3.) The sum and substance of the charge memo that was issued on 09.07.2008 is