S GIRIJA Vs. INSPECTOR OF MATRICULATION SCHOOLS CHENNAI

JUDGEMENT

(1.) WRIT Petition filed under Article 226 of the Constitution of India praying to issue a writ of certiorarified mandamus as stated therein.

(2.) BY consent of both the counsels, the Writ petition itself is taken up for hearing.

(3.) IT is the further case of the petitioner that she has handed over the said letter to the Principal of the school who informed her that in the course of the court proceedings, the entire details and sum deposited in the account will be handed over to the second respondent. While so, the second respondent stopped paying salary to the petitioner from November, 2006 and informed her by a letter dated 1. 12. 2006 that the salary is being withheld as a lien for the realisation of the alleged amounts that may be found recoverable from her. But, to her shock and surprise, the second respondent issued a letter dated 22. 1. 2007 purposed to be a show cause notice calling upon her to show cause as to why she should not be dismissed from service for misappropriation of funds of the school and for certain alleged activities adverse to the Trust and serious misconduct and gross insubordination. The petitioner has sent a detailed explanation to the said notice dated 29. 1. 2007. Immediately, upon receipt of the said reply, it is averred that without any personal hearing or enquiry, the second respondent had summarily terminated the petitioner's services by letter dated 3. 2. 2007 with effect from 5. 2. 2007. The petitioner has filed the statutory appeal before the first respondent. Originally, the petitioner filed the Writ Petition for mandamus directing the first respondent to take up the appeal dated 7. 2. 2007 filed by her challenging the order of termination dated 3. 2. 2007 passed by the second respondent on his file and dispose of the same as per law. But, later, the petitioner has amended the prayer which has been set out earlier.