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S. VAIDYANATHAN, MOHAMMED SHAFFIQ
W. T. Masilamani Mudaliar Higher Secondary School, Rep. by its Secretary / Correspondent, Walajabad & – Appellant
Versus
E. Soundararajan – Respondent
JUDGMENT
(Prayer: Writ Appeal filed under Clause 15 of Letters Patent to set aside the order of the learned Judge in W.P.No.33149 of 2017 dated 19.08.2021 and allow the Appellant Management to conduct enquiry.)
S. Vaidyanathan, J.
1. This Writ Appeal has been filed, challenging the order dated 19.08.2021, passed by the learned Single Judge in W.P.No.33149 of 2017, by which the impugned order, calling for explanation from the Writ Petitioner once again was set aside.
2. For the sake of brevity, the parties are referred to by their nomenclature in the Writ Petition as “Writ Petitioner, the Appellant School and the Government” in this judgment.
Facts in nutshell:
3. It was averred by the Writ Petitioner that he joined the services of the Appellant School as Record Clerk on 31.12.1987 and was subsequently, promoted as Laboratory Assistant on 09.11.2005 and Junior Assistant thereafter on 02.06.2008. He was placed under suspension by an order in R.C.No.3 dated 02.06.2012 on the charges of misappropriation of funds, etc., under Rule 17(2)(i) of the Tamil Nadu Recognised Private Schools (Regulations) Rules, 1974 (in short 'Rules, 1974') and a charge memo was issued on 21.06.2012. Rules 17(2)
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The rejection of benefits must be based on a proper application of mind, and disciplinary action must be conducted expeditiously with appropriate evidence.
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