(1.) Looking to the similar controversy involved though both the cases were heard on different dates whereas by a common order, they are being disposed of by this Court. Facts of WPS No. 404 of 2024 are narrated hereunder.
(2.) This petition has been filed by the petitioner to set aside and quash the show cause notice dtd. 19/12/2023 (Annexure P/1) by which the petitioner has been directed to submit his representation against the proposed action of removal from service and also to quash the whole departmental enquiry proceedings and also to reinstate the petitioner back in service along with all the consequential benefits.
(3.) The brief facts as reflected from record are that the petitioner applied for the post of drawing and painting teacher and was called for interview on 22/8/1999. The petitioner was selected on the said post vide order dtd. 21/10/1999. The Principal issued notice to the petitioner on 30/6/2022 (Annexure P/3) and sought explanation regarding incident of argument between him and a student of Class-XII leading to an intense dissension scene. The petitioner submitted reply to the notice on 2/7/2022 (Annexure P/4) explaining that the student is having obnoxious behavior on which the petitioner has given him advice as a teacher to behave oneself even though the student was misbehaving with the teacher in most unfortunate manner, the petitioner was warned by respondent No. 5 vide letter dtd. 7/7/2022 (Annexure P/5) that if incident is taken place again, action will be initiated against him but all of a sudden, the petitioner was suspended on 20/7/2022 (Annexure P/6) without any reason, without any sanction from the competent authority i.e. respondent No. 2 who is Chairman of Local Management Committee ( for short ' the LMC').