ORDER

The order of recovery to recover the financial loss occurred to the State Ex-chequer on account of theft of Laptop computers supplied to the Schools for the benefit of the students is sought to be quashed in the present writ petition.

2. The writ petitioner was initially appointed as P.G.Assistant in Economics in Tamil Nadu Higher Education Services in the year 1988. Subsequently, he was promoted to the post of Higher Secondary School Headmaster. The State Government issued orders in G.O.Ms.No.1, Special Programme Implementation Department dated 03.06.2011 for implementing the scheme of free distribution of Laptop computers to the students studying in Government High/ Higher/ Aided Schools and Colleges in the State to facilitate them in acquiring better computer skills. In this regard, 122 Laptop computers were supplied to the OPR Government Higher Secondary School from ICMC Corporation Ltd., on 13.08.2013 for the purpose of distribution of the same to the students in the academic year 2012-13. As per the instructions, the Laptop computers were received by the Headmasters, ought to be kept kept in safe custody within the school premises.

3. The petitioner states that all the Laptop computers received from ICMC Corporation Limited on 13.08.2013 were kept in safe custody in the computer room of the School, awaiting further orders from the Department for distribution. The computer room was kept locked and further, guarded by Watchman to ensure the safe custody. On 27.08.2013 (Tuesday), after the School hours, all the rooms in the School were duly locked and the night watchman P.Jayapaul was on duty in the School. While so, on 29.08.2013, in the morning around 6.40 a.m, the night watchman P.Jayapaul has called the petitioner over phone and informed that the computer room is kept open by removing the paddle along with lock. The petitioner rushed to the School and found that out of 122 Laptop computers, 13 Laptop computers found missing. The petitioner informed the Police Station about the missing of Laptop computers. A case was registered in Crime No.301 of 2013 by the Sub Inspector of Police, Kiliyanoor Police Station, Villupuram District on 29.08.2013. The police investigated the theft and finally issued a non- traceable certificate. In spite of the fact that a Criminal Case was registered, the impugned order of recovery was issued to recover the value of 13 stolen Laptop computers.

4. The learned counsel for the petitioner reiterated that the petitioner now retired from service and further, he was not responsible for the theft committed in the School premises. Thus, the order impugned is liable to be set aside.

5. The learned Additional Government Pleader appearing on behalf of the respondents disputed the contentions raised on behalf of the writ petitioners, in accordance with the orders contemplated in G.O.(Ms.)No.16, Special Programme Implementation Department dated 24.10.2013, the Government of Tamil Nadu made provisions for the free distribution of Laptop Computers to the students studying in Government, Municipal, Adi Dravidar Welfare and Aided Institutions in plus one and plus two standards. Necessary instructions and guidelines were issued for keeping and distribution to the officers vide G.O.(Ms.)No.17 Special Programme Implementation Department dated 18.8.2011. In para 14 of the Annexure to the Government order stated above, necessary instructions were issued about the storage of the Laptop Computers as follows:

"Each institution should identify and earmark proper storage space in their respective institutions for the safe keeping of the Laptop Computers till distributed to students. The space should be safe and secure"

6. In para No.3 (iv) of the Government D.O. letter No.678 /SPI/ 2011-

2 Special Programme Implementation Department dated 03.08.2011 of the Government have issued the very same instructions for the safe keeping of the Laptop Computers till these are distributed.

7. The Director of School Education, Chen