BIJOYABALA HAJONG Vs. THE STATE OF MEGHALAYA

JUDGEMENT

(1.) THE brief facts of the petitioner's case in nut shell are that, "the petitioner joined Kharigaon Upgraded UP School as Assistant Teacher on 12.01.2009. Thereafter, she had been sent for teacher induction training by the Block Mission Coordinator and her educational qualification is 10+2. The respondent No. 7, the then Headmaster of the aforesaid school has misappropriated the funds meant for the salaries of the staff and teachers including the petitioner. Being aggrieved by the action of the respondent No. 7, the petitioner lodged a complaint to the respondent No. 5, the Deputy Inspector of Schools, West Garo Hills to take necessary action for disbursement of salaries and several correspondences were made but till date the salary of the petitioner was not released. As such, the petitioner made a prayer before this Hon'ble Court under Article -226 of the Constitution of India for a direction."

(2.) MRS . S. Bhattacharjee, learned counsel appeared for on behalf of the petitioner submits that, the respondent No. 7 being the Secretary of the School has manipulated many documents, misappropriated the School's funds and in the process paid only 1/2 (half) salary to the petitioner w.e.f. January, 2012 till date. The learned counsel further contended that, the Secretary never allow the petitioner to enter the School to join her regular duties. In this regard, an inquiry was also conducted by the Magistrate First Class, Dadenggre, West Garo Hills, Tura and further prayed that necessary order may be passed to release the arrear and salary of the petitioner and also to allow her to join normal duties in the school.

(3.) MR . S Sen Gupta, learned State counsel submits that, as per the Inquiry Report dated 17.08.2012 conducted by the Magistrate First Class, Dadenggre, West Garo Hills, Tura wherein it has been clearly stated that the respondent No. 7 has illegally appointed 3(three) teachers and also misbehaved towards the petitioner.