V. Jagannathan, J.— In this writ petition the order passed by the Educational Appellate Tribunal ('Tribunal' for short) in EAT No. 3/09 is called in question and the petitioner-society prays for setting aside the order of the tribunal which has allowed the appeal preferred by the respondent herein and had set aside the order of termination issued by the management to the respondent.

2. This is the second round of litigation between the parties, in as much as, the respondent herein was earlier dismissed from service on 21.4.07 and the said dismissal order was called in question before the tribunal and the tribunal had set aside the order of dismissal and in turn the present petitioner society came up before this court in writ petition and this court confirmed the order of the tribunal. Thereafter, the petitioner-society again placed the respondent under suspension and held an enquiry against him in respect of the charges levelled against the respondent. The enquiry officer held the charge Nos. 1, 2, 4 and 5 as proved and charge No. 3 was held to be not proved. Based on the report of the enquiry officer, the petitioner once again dismissed the respondent from its services. Again