WA.Nos.2812, 2813, 2815 & 2821/2022 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 14.02.2025 CORAM THE HONOURABLE MR. JUSTICE S.S. SUNDAR AND THE HONOURABLE MR. JUSTICE C.SARAVANAN WA.Nos.2812, 2813, 2815 & 2821/2022 & CMP.Nos.22934, 22943, 22970, 22936/2022 B.Rajeswari ... Appellant in WA.No.2812/2022 K.Selvaraj ... Appellant in WA.No.2813/2022 E.Krishnan ... Appellant in WA.No.2815/2022 S.Mohan Kumar ... Appellant in WA.No.2821/2022 Vs. 1.The Director of School Education, College Road, Chennai 600 006. 2.The Chief Educational Officer Vellore, Vellore District. ... Respondents in all the writ appeals 1 https://www.mhc.tn.gov.in/judis WA.Nos.2812, 2813, 2815 & 2821/2022 Common Prayer : Writ appeals preferred under Clause 15 of Letters Patent against the order dated 10.06.2022 made in WP.Nos.10560/2014, 10558/2014, 10557/2014 and 10559/2014. For Appellants in all the Writ appeals : Mr.V.Sivalingam for M/s.C.S.Associates For Respondents in all the Writ appeals : Mr.R.Neethiperumal, GA COMMON JUDGMENT [Delivered by S.S.SUNDAR, J.,] (1)These appeals are directed against the independent orders of the learned Single Judge dated 10.06.2022, dismissing the writ petitions filed by the writ petitioners/appellants herein who are Headmistress/Headmasters of educational institutions challenging the order of recovery against them for the missing laptops which were kept in the buildings of the respective institutions, but was stolen. (2)In all the cases, the common case of the appellants is that they are the Headmasters/Headmistress of the respective educational institutions. 2 https://www.mhc.tn.gov.in/judis WA.Nos.2812, 2813, 2815 & 2821/2022 While the appellants admit that the laptops were given to the respective institutions to be distributed among the eligible +2 students, it was their case that they have kept the laptops either in the computer room or laboratory under lock and key, some of the laptops were stolen by some third parties. It is also admitted that in every case, the writ petitioner has given complaint to the local police station immediately after the theft was noticed. In all the cases, the uniform case pleaded by the appellants is that they have taken much care for keeping the laptops in a place which is the most secured area in the buildings of the institutions and they were not negligent. (3)When the theft of few laptops in each institution is reported to the officials of the respondents, the 2nd respondent in the writ petitions passed an order directing recovery of money towards the value of the stolen laptops. The grievance of the appellants is that the impugned order of recovery without even issuing any show cause notice and giving an opportunity to the respective appellants, is in violation of principles of natural justice and therefore, the order of recovery should be set aside. It is further stated that absolutely there is no negligence much less willful 3 https://www.mhc.tn.gov.in/judis WA.Nos.2812, 2813, 2815 & 2821/2022 negligence so as to make the writ petitioners/appellants responsible / liable for the loss of laptops. It is also contended that the delay in distribution of laptops was due to the respondents who wanted an official ceremony by inviting the sitting MLA or Minister. Since the 2nd respondent knows that the laptops are secured in places which are properly guarded as best as possible, the appellants cannot be made liable. The appellants also challenged the order of recovery on a few other grounds also. (4)The learned Single Judge while passing independent orders dismissing the writ petitions, recorded the fact about the theft of laptops and found that the appellants are liable to make good the loss occurred to the State exchequer due to the loss of laptops supplied to the respective writ petitioners/appellants to be distributed to the +2 students in the respective schools. Since one of the point urged by the writ petitioners is that out of stolen laptops in some cases, some of the laptops were also recovered from the culprits, the learned Judge gave an opportunity to the writ petitioners to approach the competent authorities to modify the order with reference to the laptops which are recovered pursuant to criminal 4 https://www.mhc.tn.gov.in/judis WA.Nos.2812, 2813, 2815 & 2821/2022 complaint. (5)This Court is unable to sustain the orders of the learned Single Judge for the simple reason that the order impugned is in violation of principles of natural justice. The theft of laptops is not in dispute. However, the writ petitioners/appellants were asked to compensate for the entire loss without even issuing show cause notice, as to how they are responsible for the stolen laptops. Unless it is established that the negligence was willful to make them liable for their misconduct as contemplated under the Tamil Nadu Civil Services [Discipline and Appeal] Rules, recovery of money for the laptops which were stolen from the school premises cannot be permitted. Therefore, the orders of the learned Single Judge making the appellants liable without even issuing show cause notice are liable to be set aside as the impugned order passed by the 2nd respondent is in violation of principles of natural justice. It is admitted that proper procedure is not followed while making the appellants liable for the loss. (6)Accordingly, the writ appeals stand allowed and the independent orders of the learned Single Judge dated 10.06.2022 made in WP.Nos.10560/2014, 10558/2014, 10557/2014 and 10559/2014 are set 5 https://www.mhc.tn.gov.in/judis WA.Nos.2812, 2813, 2815 & 2821/2022 aside. This Court permits the respondents to initiate disciplinary proceedings against the appellants / writ petitioners and in case they are held responsible for their misconduct, it may be open to the respondents to proceed for recovery only in accordance with the provisions under the Tamil Nadu Civil Services [Discipline and Appeal] Rules. No costs. Consequently, connected miscellaneous petitions are closed. [S.S.S.R., J.] [C.S.N., J.] 14.02.2025 AP Internet : Yes Neutral Citation: Yes To 1.The Director of School Education, College Road, Chennai 600 006. 2.The Chief Educational Officer Vellore, Vellore District. 6 https://www.mhc.tn.gov.in/judis WA.Nos.2812, 2813, 2815 & 2821/2022 S.S. SUNDAR, J., and C.SARAVANAN, J., AP WA.Nos.2812, 2813, 2815 & 2821/2022 14.02.2025 7 https://www.mhc.tn.gov.in/judis