ASIR UDDIN AHMED Vs. RAHMATGANJ SENIOR MADRASSA

JUDGEMENT

(1.) The present appeal has been directed against the judgment and decree dated 7.4.2001 passed by the learned Civil Judge, Senior Division, Dhubri in Title Appeal No. 9/97 affirming the judgment and decree passed by the learned trial Court.

(2.) I have heard Mr T.N. Phukan, the learned senior counsel for the appellant.

(3.) The appellant as the plaintiff joined the Rahamatganj Senior Madrassa at Golakganj as Hindi teacher in the month of March, 1970. The Madrassa became an aided institution later on with a duly constituted Managing Committee. The appellant-plaintiff being served with a letter of suspension there after in the year 1984 filed a suit against the said Madrassa, its Secretary and others being T.S. No. 30/ 84 praying for a decree for declaration that his suspension was illegal and that his services with the Madrassa cannot be interrupted by the defendants. In the said suit he also prayed for a decree for Rs.6,250/- as arrear pay and allowances. The respondent-defendants in their written statement inter-alia contended that (the appellant-plaintiff had played fraud with the Madrassa by suppressing his idenlify and procured his appointment as Hindi teacher by furnishing a duplicate certificate of Hindi Visharad examination held, in October, 1977 which, in fact, was thai] of one Ashiruddin Sk, son of Md Khursed All of village Tamagbari, P.O. Barkanda. Their further case was that on beiing confronted with the certificate the appellant-plaintiff left the Madrassa without any leave or permission from t:he authorities of the Madrassa. The appellant- plaintiff was asked to produce his original certificate but he was unable to do so.He was therefore suspended.