DIPANKAR DAS Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) The petitioner is an Assistant Teacher in the Government Girl's Higher Secondary School, Shillong who was placed under suspension vide Order No.DSEL/SEC-NG/MISC/28/2015/42 dtd. 15/9/2017 issued by the Director of School Education and Literacy Meghalaya, following his arrest made on the basis of an FIR dtd. 9/9/2017 which was lodged at the Laban Police Station, Shillong and later registered as Laban P.S. Case No. 97(9) 2017 under Sec. 7/8 of the POCSO Act, 2012 read with Sec. 504 IPC.

(2.) Though the petitioner was later released on bail on 30/10/2017, the said suspension order remained in force without any extension even after a lapse of 3 months of the same being issued. It is an admitted fact that after 5 months of the suspension of the petitioner, a Departmental Enquiry, dtd. 2/2/2018 was constituted comprising of two members with a direction to the Enquiry Officer to enquire into the circumstances leading to the suspension of the petitioner and to submit a report thereof.

(3.) It is the case of the petitioner that till the date of filing of this petition, no show cause notice or article of charges was received from the said Enquiry Officer. However, the Disciplinary Authority vide letter dt. 2/2/2018 bearing No. DSEL/SEC.G/Misc/18/2017/34 issued a Show Cause Notice to the petitioner under Rule 9 of the Meghalaya Services (Discipline and Appeal) Rules, 1964 as to why the penalties prescribed in Clause (i) to (vi) of Rule 7 of the said Rules should not be inflicted upon the petitioner on the charges based on the statement of allegations made therein.