BAREN ROY Vs. STATE OF ASSAM

JUDGEMENT

(1.) I have heard Mr. B.P. Kataky, learned Sr. counsel assisted by Mr. P.P. Baruah, learned counsel appearing on behalf of the petitioner. Also heard Mr. B J Talukdar, learned Govt. Advocate, Assam. By this writ application the petitioner has assailed the legality and validity of the impugned order dated 5.11.95 passed by the Director, Secondary Education, Assam, respondent No. 2.

(2.) The case of the petitioner is that while he was working as Assistant teacher (Sanskrit) in the Bajali H.S. & M.P. School, he was put under suspension by office order dated 31.8.98 and a disciplinary proceeding was initiated against him with the following two charges namely (i) while he was working as an Assistant teacher in the aforesaid school, he offered to obtain a transfer order of one Birinchi Kakati who was serving as Assamese Language Teacher in the B.N.M.P School, Dholai in the District of Cachar to Chowkhuti High School, Barpeta on payment of Rs. 15000/-. He made this offer to one Narendra Nath Das (Kakati), father of Sri Birinchi Kakati and accepting a sum of Rs. 14.000/- from said N. Das Kakati, delivered a transfer order bearing No. GB-EST/TRN/ 6/96/73 dated 15.6.98 which was a forged one. The said transfer order was not signed by any of the authorised officers of the D.S.E. Office, Assam, Kahilipara nor the said order originated from the concerned files and the said forged order was never issued from the office of the D.S.E., Assam, Kahilipara and (ii) The petitioner while was working in the said capacity of Assistant teacher he himself had drafted the joining report/letter of Shri Birinchi Kakati, while Shri Kakati on the basis of the aforesaid forged order, manufactured and delivered by the petitioner to said Kakati, offered to join at Choukhuti High School under Barpeta District.

(3.) On the basis of those charges, enquiry was held and the petitioner filed his reply on 5.3.99 to the show cause notice dated 26.9.98 served upon him with the aforesaid allegations. On 5.11.99 the Director of Secondary Education, Assam, Kahilipara issued the impugned order of termination of the petitioner from his service with immediate effect.