SIBAKANTA DUTTA Vs. STATE OF ASSAM

JUDGEMENT

(1.) The petitioner who is the Principal of a College has been placed under suspension making a challenge to which the instant writ petition has been filed.

(2.) The petitioner was appointed as Principal of D.H.S.K. College, Dibrugarh w.e.f. 01.06.97. On the basis of purported incident which occurred in his office chamber involving one Smt. Joytismita Dowarah who has been working as Computer Operator in the College Library, said Smt. Dowarah lodged a complaint with the President of the Governing Body of the College on 28.07.04. As per the said complaint, the petitioner made some obscene behaviour to her. Thereafter the petitioner has been placed under suspension by the Governing Body of the College as per the resolution adopted by the Governing Body in an emergent meeting held on 31.07.04. The resolution as indicated in the letter dated 02.08.04 addressed to the petitioner placing him under suspension, is quoted below:- "Resolution No.3 : That the Principal Dr. S.K. Dutta be placed under suspension with immediate effect until further order to facilitate enquiry to be held".

(3.) The letter dated 02.08.04 was preceded by letter dated 31.07.04 addressed to the petitioner by the President of the Governing Body of the College intimating him about the decision of the Governing Body to conduct an enquiry relating to the aforesaid incident and to place him under suspension with immediate effect. By the said communication, the petitioner was directed to handover charge with documents and keys of the office of the Principal alongwith an inventory. The aforesaid letters dated 31.07.04 and 02.08.04 were followed by a show cause notice to the petitioner by which the petitioner was once again communicated about the decision of the Governing Body to conduct an enquiry relating to the charges and asked him to show cause as to why the proposed departmental enquiry should not be initiated against him in accordance with law. The petitioner by his letter dated 05.08.04 addressed to the Director of Higher Education, Assam made a grievance against the decision of the Governing Body and the aforesaid letter dated 02.08.04 placing him under suspension without prior approval of the Director of Higher Education, Assam. Thereafter, the petitioner filed the instant writ petition on 06.08.04 challenging the legality and validity of the order of suspension on the sole ground of violation of the requirement of obtaining the prior approval to do so as per rule.