MD. SHAHJAHAN ALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Both these writ petitions being connected and filed by the same petitioner, those were heard analogously and are disposed of by this common judgment and order.

(2.) The controversy raised in these matters is relating to the action of the respondents in completing a disciplinary proceeding culminating in an order dtd. 10/8/2015 of recovery from the pensionary benefits of the petitioner.

(3.) Bereft of the details, the facts projected are that the petitioner was the founder Headmaster of the Char Anchalik High School, Kalarchar (hereafter referred to as School) which was established on 1/3/1982. The said School was provincialised on 19/11/1991 and the petitioner continued as the Headmaster. The School was upgraded to a Higher Secondary School vide order dtd. 21/5/1993. Subsequently, vide an order dtd. 13/3/1996, the posts for the Higher Secondary School, including the post of Principal were allotted. Vide an order dtd. 25/3/1996, it was directed that the Headmaster of the High School will act as the In-charge Principal of the Higher Secondary School and the petitioner continued as Principal of the Higher Secondary School. The petitioner had submitted representation on 10/11/2011 with a request to give the status as a regular Principal and the aforesaid representation was forwarded by the Inspector of Schools, Nalbari vide communication dtd. 19/1/2012. However, instead of taking care of the situation, an order was passed on 16/9/2014 by which the petitioner was placed under suspension. The petitioner had accordingly preferred an appeal under Rule 14 of the Assam Services (Discipline and Appeal) Rules, 1964 (hereinafter referred to as the Rules) against the aforesaid order of suspension. The authorities thereafter had issued a show cause notice on 20/10/2014 which the petitioner claims to have replied on 28/10/2014. However, another show cause notice dtd. 2/1/2015 was issued. It has been highlighted that the issuing date of the show cause notice was 7/2/2015 and it was served on the petitioner on 12/2/2015. In the meantime, on 31/1/2015, the petitioner had retired from service on attaining the age of superannuation. The petitioner thereafter had filed the first writ petition, being WP(C)/3254/2015. During the pendency of the same, the impugned order dtd. 10/8/2015 was passed which is the subject matter of challenge in the second writ petition.