R PALANI Vs. CHIEF EDUCATIONAL OFFICERDHIVYANANDA

JUDGEMENT

(1.) This writ petition has been filed to issue a Writ of Certiorari, calling for the records comprised in Order dated 23.11.2012 on the file of the third respondent and quash the same.

(2.) During 2012, the petitioner had approached the school management to appoint him as the Assistant Head Master under the strength of his qualifications and service. Subsequently, on 18.09.2012, the petitioner was served with a Show cause notice/ memo alleging misconduct by the petitioner. Explanation to the memo was submitted by the petitioner on 24.09.2012. Thereafter, the School committee passed a resolution on 04.10.2012 to initiate disciplinary action against the petitioner after recording that they were not satisfied with the explanation dated 24.09.2012 of the petitioner and authorized the Secretary to initiate action and conduct enquiry and accord punishment in the event the explanation of the petitioner in the enquiry is not satisfactory. In pursuance of the resolution, the Secretary initiated the enquiry by serving the memo dated 26.10.2012 that culminated in the issue of the impugned order dated 23.11.2012 by the Secretary.

(3.) The petitioner alleges that upset with his request for his promotion as assistant Head Master, the third respondent had issued a first Memo dated 18.09.2012. He contends that this memo was illegal as it was issued without passing the statutory resolution by the School committee. The Petitioner submits that he had filed his explanation to the Memo on 24.09.2012 denying the allegations. Thereafter a resolution was passed by the School Committee on 04.10.2012. The resolution authorized the Secretary to conduct enquiry and award punishment in the event guilt is established. Accordingly, the Secretary issued another Memo to the petitioner on 26.10.2012 with 5 charges.