BADAN NEOG Vs. STATE OF ASSAM

JUDGEMENT

(1.) The petitioner has been founder Headmaster of Dekoria High School (now Dekoria H.S. School) at Itakhola. He was allowed to officiate as the Principal of the said School by order dated 8.1.87 of the Director of Secondary Education, Assam and since then he has been working as officiating Principal of the said School. By a letter dated 20.2.2001. the petitioner informed the Director of Secondary Education, Assam that he has decided not to continue in service as Principal of the said School as he wanted to contest the forthcoming Assembly Election 2001 as a candidate of Congress(I). In the said letter dated 20.2.2001. the petitioner also intimated the Director of Secondary Education his decision to go on voluntary retirement and requested him to accept his request for voluntary retirement before 15th March, 2001 so that he can be free to do the election work. When he did not receive any information from the Director of Secondary Education in reply to the said request for accepting his voluntary retirement, he wrote another letter dated 14.3.2001 to the Education Secretary, Government of Assam requesting him to grant him voluntary retirement and to release him as soon as possible. But he received an order dated 17.3.2001 from the Director of Secondary Education. Assam placing him under suspension pending drawal of departmental proceeding against him. In the said order dated 17.3.2001. it was mentioned that the petitioner was placed under suspension pending drawal of departmental proceeding pursuant to Government order dated 16.3.2001. Aggrieved, the petitioner has filed mis writ petition under Article 226 of the Constitution for quashing the said order of suspension dated 17.3.2001 and for directing the respondents to allow the petitioner to go on voluntary retirement with immediate eftect.

(2.) Mr A.K. Bhattacharyya, learned counsel appearing for the petitioner submitted that the order of suspension was arbitrary and violative of Article 14 of the Constitution. He further submitted that the Government has placed the petitioner under suspension pursuant to a letter written by the MLA, Sotia Constituency and the: records will show that the order of suspension has been passed on political grounds. According to Mr Bhattacharyya the order of suspension is vitiated by malafide and is liable to be quashed. He further argued that since the petitioner was himself opting to go out from service by voluntary retirement, there was no necessity for placing the petitioner under suspension and the order of suspension was passed without any application of mind.

(3.) Mr Chinmoy Choudhury, learned Sr. Government Advocate, on the other hand, produced the records and submitted that the petitioner has been in the habit of indulging in politics while functioning as the Principal of the School and for this reason he has been placed under suspension. He contended that the Government had the power under the relevant rules to initiate disciplinary proceeding against the petitioner for indulging in political activities and to place him under suspension.