BINDESHWAR ROY Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) By means of this writ petition, the petitioner who was the Headmaster of the school, namely Arya Kanya Vidyalaya Secondary School, Shillong, has challenged the order dated 19.09.2007 (Annexure-13) by which pursuant to a departmental proceeding he has been removed from service. As per the impugned order, the removal of the petitioner from service will not be a disqualification for future employment and that the period of suspension which had preceded the impugned order of removal would be treated as leave without pay.

(2.) The petitioner was appointed as Headmaster as well as Science Teacher of the school, i.e. Arya Kanya Vidyalaya Secondary School, Shillong, on 06.11.1986 and since then he had been functioning as such till the impugned order of removal from service was passed on 19.09.2007. During the course of employment the petitioner was also appointed as the Secretary of the Managing Committee by virtue of his office. Thereafter the respondent No. 5 was appointed as the Secretary of the Managing Committee in the year 1997. According to the petitioner, after assumption of the charge of Secretaryship by the respondent No. 5 various irregularities had been committed by him. Allegation of misappropriation of school fund by the respondent No. 5 has also been made by the petitioner.

(3.) According to the petitioner, the respondent No. 5 alongwith the President of the school lodged an FIR against him on 04.11.2002 in order to harass him. As per the said FIR, the petitioner had misappropriated some amount of the school. On the basis of the said FIR, a police case being Laitumkhrah P.S. Case No. 103(11)/2002 Under section 420/403/406/464 Indian Penal Code was registered. During the course of hearing it has been submitted by the learned counsel for the parties that the said criminal case is now pending trial after framing of the charges against the petitioner.