RAHAM ALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) The petitioner is before this Court praying for an appropriate Writ, Order or Direction to ensure implementation of the instruction contained in the communication dated 13.9.2001 for drawing up a departmental proceeding against the respondent No. 5 and for a further direction to the concerned authority of the Mandia Anchalik College, Mandia, not to reinstate the respondent No. 5 as Principal thereof until the departmental proceeding as referred to in the communication dated 13.9.2001 is completed and the respondent No. 5 is exonerated of the related allegations.

(2.) I have heard Mr. KD.Das, learned counsel for the petitioner, Mr. K.C Mahanta, learned GA, Assam, for the respondent Nos. 1 and 2 and Mr. AS Choudhury, learned Senior counsel for the respondent Nos.3, 4 and 5.

(3.) Briefly stated the relevant facts as narrated in the Writ petition are as follows:- The petitioner is a guardian of his ward studying in Mandia Anchalik College, Mandia(hereinafter called "the college"). He claims himself to be an active social worker of the locality and was one of the members of the previous Special Body of the College. The College was established in the year, 1981 and was eventually brought under the deficit grants in aid system in the year, 1996. The respondent No. 5 is the founder Principal of the College. Initially he was functioning well but later on there were complaints about the manner in which he discharged his duties. Allegations regarding his involvement in financial irregularities were also received in May, 2000. After the audit for the period from 1.9.92 to 31.12.98, it was found that he had misappropriated College funds. The Special Body of the College discussed the matter in its meeting held on19.1.2001 and by a resolution passed on the same date placed the respondent No. 5 under suspension. The Director of Higher Education, Assam, respondent No. 2, thereafter by a communication dated 30.1.2001 approved the said resolution of the Special Body. A complaint was also lodged with the Petition Committee of the Assam Legislative Assembly whereafter as per directions issued by the said Committee, the respondent No. 2 submitted a report on 13.3.2001 indicating the nature of the allegations and the action taken in connection therewith. In due time, the earlier Special Body was dissolved and a new Governing Body was constituted. In the mean time, the respondent No. 5 by communication dated 13.9.2001, Annexure-4 to the writ petition, again directed the Principal incharge of the College to draw up a departmental proceeding against the respondent No. 5 and to complete the who procedure within three months and inform him about the action to be taken. The petitioner has contended that the new Governing Body, nursing a soft corner for the respondent No. 5 is deliberately sitting over the matter and that there is a move to reinstate the respondent No. 5 as the Principal of the College. According to him, the reinstatement of the respondent No. 5 as apprehended besides being detrimental to the academic and administrative affairs of the College would also provide him with the desired opportunity of destroying all evidence against him regarding financial irregularities, misappropriation and other allegations. He has also contended that the inaction on the part of the Principal incharge of the Governing Body of the College is in contravention of the Assam Aided College Management Rules, 1976(hereinafter referred to as "the Rules").