PARVEEN NONGRUM Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) The brief facts of the case is that the petitioner was serving as Headmistress in the Islamia Secondary School, Shillong since the year 1997. On the detection of certain financial irregularities and misappropriation of School funds, an F.I.R. was filed on the 25th November, 2000, by the Secretary of the School Managing Committee before the Officer-in-Charge Sadar Police Station, and a case was registered under Section 406 I.P.C. The petitioner who was made an accused therein was subsequently charged sheeted along with two other persons, namely Shri Kalimullah Khan and Shri K.Z.K. Tareen, who also happened to be the husband of the petitioner. Since the case was charge sheeted against the petitioner, on 9th December, 2001, a resolution was adopted by the Managing Committee of the School to place the petitioner and the other Assistant Teacher under suspension with immediate effect under the 1st proviso of the Section-9 (4. of the Meghalaya School Education Act, 1981. Thereafter pursuant to the Resolution, the petitioner was placed under suspension.

(2.) The petitioner then challenged her suspension before the Gauhati High Court vide WP(C. No. 8673 of 2001, on the ground that prior approval of the Inspector of Schools was not obtained before issuance of the suspension order which was mandatory as per the Meghalaya School Education Act, 1981. The Gauhati High Court then vide Judgment and Order dated 20th December, 2001 disposed of the said writ petition with a direction that the Inspector of Schools pass necessary orders in the matter of suspension of the writ petitioner as had been referred to him. In compliance thereto, the Inspector of Schools vide letter dated 8th January, 2002, approved the said Resolution dated 9th December, 2001 and directed that the petitioner be kept under suspension, till the petitioner was discharged or acquitted by a Court from all liabilities of the criminal case.

(3.) Thereafter, after a long protracted trial, the Court of Chief Judicial Magistrate, Shillong vide Judgment and Order dated 27th April, 2017 passed in G.R. Case No. 138 (S. 2001, acquitted the petitioner from the charges under Section 406 I.P.C.