ORDER

This writ petition is filed to quash the impugned order of the respondent, dated 20.02.2019 made in Na.Ka.No.1/2019, dated 20.02.2019 and consequently direct the respondent to grant all monetary benefits from the date of the petitioner's appointment by the respondent School with all attendant benefits.

2. According to the petitioner, he was appointed as P.G.Assistant in the year 1988 in the respondent School. Subsequently, he was promoted as Headmaster. While he was working as Headmaster, he applied for Medical Leave from 29.10.2012 to 13.11.2012. While he was on Medical Leave, the respondent issued a chargememo, dated 29.10.2012 with an intention to promote one Tmt.Neelayathatchi, Assistant Headmistress as Headmistress. The petitioner joined duty on 14.11.2012 and produced the Medical Certificate on the said date and he signed the attendance register. Subsequently, the respondent did not permit the petitioner to sign the attendance register on the ground that he was on Medical Leave on 15.11.2012, 16.11.2012 and 17.11.2012. Infact, the petitioner did not apply for any Medical Leave for the said three days. The petitioner submitted his explanation to the said chargememo. The respondent did not conduct any enquiry as per the procedure and hence, the petitioner filed a writ petition in W.P(MD) No.3267 of 2013 before this Court. At the time of hearing, the respondent submitted that they are inclined to withdraw the order impugned in the writ petition and sought liberty to conduct enquiry afresh. 3. The respondent issued chargememo on 19.09.2017 with some additional charges. The respondent appointed a practicing Advocate as an enquiry officer. The petitioner participated in the enquiry with assistance of Junior Assistant. After enquiry, the petitioner sought for certain documents and prayed for assistance of Advocate and filed a writ petition in W.P(MD)No.673 of 2018 to quash the order of the second respondent, dated 23.12.2017 and for a further direction to the second respondent to permit the petitioner to engage a lawyer in the domestic enquiry proceedings. The said writ petition filed by the petitioner was dismissed on

11.01.2018. Against the said order of dismissal, the petitioner filed a writ appeal in W.A(MD)No.337 of 2018 and the same is pending. While so, the enquiry officer filed a report, dated 05.03.2018. The respondent issued second showcause notice to the petitioner along with enquiry officer's report and sought for explanation. The petitioner submitted his explanation. On the same day, the respondent passed resolution dismissing the petitioner from service, vide the impugned order.

4. The learned counsel appearing for the petitioner submitted that the respondent acted in a biased manner with an intention to promote one Tmt.Neelayathatchi. The respondent illegally passed the impugned order and without giving opportunity to the petitioner and prayed for allowing the writ petition by setting aside the order of the respondent.

5. The respondent filed counter affidavit. Mr.Henri Thethathri, learned counsel appearing for the respondent submitted that the petitioner has misappropriated a scholarship amount of Rs.1,33,996/-. The petitioner deposited the amount in the Bank accounts, after same is being credited, he issued a cheque to one Ramesh, who had nothing to do with the functioning of the school. On a complaint given by the students, the petitioner was enquired and after being questioned, the petitioner deposited the said amount on 18.06.2012 in the Union Bank of India by cash. The students did not receive the amount.

6. Earlier, when this Court granted interim order in the writ petition filed challenging the enquiry proceedings, the petitioner used to come to school and signed the attendance register and leave the school, by that action, he did not discharge his duties, he did not take any work and responsibility of the school. He simply received the monthly salary. Enquiry was conducted in a fair and proper manner