SHAHADOT ALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) THE petitioner seeks to impeach the order dated 6.4.2011 passed by the Commissioner & Secretary to the Govt. of Assam, Education (Higher) Department annulling the Resolutions dated 29.11.2009, 24.8.2010 and 19.11.2010 of the Governing Body of the Hamidabad College (for short, hereinafter referred to as 'the College') and consequently allowing the appeals filed by the respondent No.4 against the same. An appropriate writ has also been sought for restraining the official respondents from foraying into the affairs of the College. A direction to allow him to continue as the in-Charge Principal of the institution in terms of his appointment order dated 29.11.2009 by the Governing Body of the College has also been sought for.

(2.) I have heard Mr. A.S. Choudhury, Senior Advocate assisted by Mr. I.H. Saikia, Advocate for the petitioner; Mr. M.K. Choudhury, Senior Standing Counsel, Education Department for the State respondents; Mr. P.K. Roy Choudhury, Advocate for the respondent No.4 and Mr. N. Choudhury, Advocate for the respondent No.5.

(3.) THE Deputy Secretary to the Govt. of Assam, Education Department, however, forwarded the appeals dated 21.12.2009 and 12.1.2010 of the respondent No.4 to the Director of Higher Education, Assam for disposal. According to the petitioner, the aforementioned authority thereafter required him to submit the old Governing Body's records. As those were not in his custody, he along with Sri Satindra Narayan Das, President of the Governing Body appeared before the said authority and acquainted him with their inability. THE Director of Higher Education, Assam thereafter by order dated 23.7.20 10 allowed the respondent No.4 to continue to act as the in-Charge Principal of the College. According to the petitioner, before passing such order neither he nor the President of the Governing Body was heard. THE Governing Body of the College, however, by its Resolution dated 31.7.2010 allowed the writ petitioner to continue as the in-Charge Principal of the College noting inter alia the fact that the respondent No.4 had allegedly misappropriated an amount of Rs. 15,00,000/- from the college funds and that in connection therewith Fakirganj P.S. Case No. 67/10 under Section 406/408/420/ 468/506 IPC was pending against him. Meanwhile, however, the Director of Higher Education, Assam initiated Fakirganj P.S. Case No. 59/2010 under Section 409 IPC against the present authorities of the College as well as the respondent No.4 for the loss of records of the proceedings of the old Governing Body. In that case the police after investigation submitted a report holding only the respondent No.4 responsible qua the allegation. THE petitioner has asserted that since after 29,11.2009 the respondent No.4 has abandoned the College and though repeated notices had been issued to him by the Governing Body, he has deliberately avoided the same. In the above premise, being faced with the order dated 23.7.2010 of the Director of Higher Education, Assam, the petitioner approached this Court with WP(C) No. 4497/2010 and this Court by its order dated 13.8.2010 interfered therewith and directed him and the respondent No.4 to approach the Secretary to the Govt. of Assam, Education (Higher) Department. THE aforementioned authority was thereby directed to dispose of the appeal of the respondent No.4 within a period of two months after affording opportunity of hearing to both the petitioner and the respondent No.4.