By consent of both sides the writ petition is taken up for final disposal.

2. This writ petition is filed challenging the order of the first respondent dated 8. 2005 rejecting request of the management seeking prior approval to terminate the services of the 4th respondent, which confirms the order passed by the second respondent dated 14. 2002 and direct the second respondent to grant prior approval to dismiss the 4th respondent on the basis of the proposal dated 15. 2001.

3. The facts that are necessary for disposal of the writ petition as could be seen from the pleadings and documents filed in the writ petition are as follows:

.(a) The petitioner school was established in the year 1973 by the Weavers of the Hindu Devanga community and in particular, the Appukolluthar Dayathikal sect. It is a recognized private aided school. The School Committee was formed for three years, which was approved by the second respondent from 112. 1996. The Committee consisted of seven members of the Educational Agency, two representatives of teachers and Headmistress.

.(b) On 21. 2001, the 4th respondent, who was the Headmistress, distributed the pamphlets relating to Christianity to School students through teachers. Parents and public objected the same. One Siva, Hindu Munnani Activist, objected the said act of the Headmistress. The pamphlets were collected from the students and handed over to the said Siva. According to the petitioner, the said alleged action of the 4th respondent led to a turmoil and exchange of blows. A criminal complaint was lodged against the 4th respondent as well as two other teachers viz., Krishnaveni and Mahendran under sections 323, 324, 506(II) IPC in crime No.20 of 2001 on the file of the Chinnalapatty Police Station.

.(c) According to the petitioner, the parents as well as the public gathered in large numbers and demanded action against the 4th respondent/Headmistress. A written complaint was also lodged, for which the management on 21. 2001 tried to issue a charge memo to the 4th respondent and sought for explanation. However, the 4th respondent absconded due to the pendency of the criminal case. The 4th respondent was absent on 21. 2001.

.(d) To prevent the law and order problem, disciplinary action was initiated against the 4th respondent and she was suspended from service by invoking the powers conferred under the Tamil Nadu Recognized Private Schools (Regulation) Act, 1973 and Rules, 1974 framed thereunder. The order of suspension was sent to the 4th respondent on 21. 2001, which was received by her on 2. 2001. Intimation was also given to the second respondent. The third and second respondents visited and inspected the School on 31. 2001 and 2. 2001 respectively. The suspension of the 4th respondent was also noted in the inspection book.

.(e) The 4th respondent applied and obtained anticipatory bail from the Judicial Magistrate Court No.III, Dindigul, on 2. 2001 on condition to sign daily at Chinnalapatty Police Station. A registered letter containing charge memorandum was sent to the 4th respondent on 2. 2001 and she was also informed to appear for enquiry on 12. 2001, for which the 4th respondent sent a telegram to fix any date after 22. 2001, for enquiry. As requested, the enquiry was adjourned to 13. 2001.

.(f) The 4th respondent applied for medical leave on 23. 2001 and submitted a reply on 3. 2001 for the charge memo stating that the management had no right to suspend her and conduct enquiry and hence she would not appear for the enquiry. During the period of suspension, the 4th respondent submitted medical leave application and sent copy to the third respondent. The third respondent by proceeding dated 33. 2001 directed the management to sanction her medical leave from 21. 2001 to 24. 2001 and permit her to join duty after the expiry of the medical leave.

.(g) The enquiry was posted on 5. 2001 and 15. 2001 for the purpose of appearance of the 4th respondent, however, the 4th respond