SHRI. BARNABAS R MARAK Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) The brief facts of the case is that the petitioner serving as an Assistant Teacher of Mitapgiri Deficit M.E. School was terminated from service vide order dated 31.10.2015 by the respondent No. 4 allegedly without being heard and also without any approval being obtained from the respondents authorities as required under Section 9 of the Meghalaya School Education Act, 1981. As such, prayer has been made that the impugned order of termination be set aside and quashed as being illegal and not in accordance with law.

(2.) Heard learned counsels for the parties.

(3.) Mr. A.S. Siddiqui, learned counsel for the petitioner submits that the petitioner never indulged in any act of gross misconduct and insubordination as mentioned in the impugned termination order. He further submits that a prior permission of the competent authority i.e. the respondent No. 3 is a condition precedent for the termination of service of the petitioner and that the Managing Committee of the School cannot by a mere resolution terminate the service of the petitioner, as has been done in the present case.