HIRONMOY PAUL Vs. STATE OF ASSAM

JUDGEMENT

(1.) In this writ petition under Article 226 of the Constitution of India, the petitioner has prayed for quashing resolution No 3(a) dated 6.4.92 of the Governing Body of NC College, Badarpur, in the district of Karimganj, Assam, and the show-cause notice dated 21.4.92 issued by the Secretary of the Governing Body of NC College, Badarpur, asking the petitioner to show-cause as to why he should not be removed from service. The petitioner has also prayed for a direction on the respondents to allow him to hold the post of Principal of NC College, Badarpur.

(2.) The relevant facts as stated in the writ petition are that since 1968, the petitioner has been working as the Principal and Secratary of NC College, Badarpur. By order dated 9.3.87 of the Director of Public Instruction, Assam, (for short, 'the DPI, Assam,'), the petitioner was removed from the post of Secretary and, thereafter, by order dated 22.8.89, he was placeed under suspension with immediate effect from 23.8.89, as disciplinary action was contemplated against him for alleged lapses of financial irregularity, insubordination and negligence of duties. It would appear from the said order of suspension (Annexure - A) that the order of suspension was passed pursuant to resolution No 3 adopted by the Special Body of NC College, Badarpur, in its meeting on 20.6.89 and the said resolution has been approved by the DPI, Assam, in his letter dated 17.7.89. Thereafter, the Governing Body of NC College appointed Sri K Dutta Choudhury, the Additional Deputy Commissioner, Karimganj Disrtrict, to enquire into various charges levelled against the petitioner and after enquiry he submitted his report to the Secretary of the Special Body of NC College, Badarpur, under his letter dated 19.10.91. The enquiry report was placed before the Special Body of NC College, Badarpur, in its meeting held on 20.10.91 and the Special Body resolved to withdraw the suspension of the petitioner and reinstate him to his original post of Principal of NC College, Badarpur, immediately and to take necessary steps to obtain approval from the appropriate authority for such withdrawal of suspension and reinstatement of the petitioner in the post of Principal. The Special Body also resolved in its meeting held on 20.10.91 that the enquiry report should be scrutinised alongwith relevant records of the College by a committee comprising of Sri B.M.Nath Choudhury and Sri A K Deb, Member and Secretary of the Special Body respectively, and the said committee should submit a report of their findings as early as possible. Pursuant to the aforesaid resolution of the Special Body, the petitioner was reinstated as Principal of NC College, Badarpur, with immediate effect by the order of the Secretary of the Special Body dated 21.10.91 (Annexure - B). By the said order, however, the petitioner was informed that the decision regarding suspension period shall be imtimated to him later. Thereafter, the sub-committee comprising of Sri BM Nath Choudhury and Sri AK Deb submitted their report dated 6.11.91 (Annexure - D) to the President of the Special Body of NC College, Badarpur, wherein they gave their opinion that the enquiry report cannot be accepted in the interest of justice. The said report dated 6.11.91 of the sub-committee was placed before the Special Body in its meeting held on 30.11.91 and the Special Body unanimously resolved that the report of the sub-committee be accepted and the report of the Inquiring Officer be rejected and that the disciplinary proceeding initiated against the petitioner be dropped. In accordance with the said resolution of the Special Body, the petitioner was intimated by letter dated 3.3.92 (Annexure _D) of Sri AK Deb, Secretary of the Special Body of NC College, that the disciplinary proceeding against the petitioner has been dropped and set aside by the Special Body and the Special Body has decided to reinstate the petitioner with all service benefit treating the suspension period as on service and duty.

(3.) Thereafter, a new Governing Body of NC College, Badarpur, was constituted which passed resolution No 3(a) in its meeting held in 6.4.92 agreeing with the findings of the Inquiring Officer and holding that all charges against the petitioner except the charge on Item No 4 of the charge- sheet was approved and pursuant to the said resolution in its meeting held on 6.4.92, a notice dated 21.4.92 (Annexure-E) was served on the petitioner by the Secretary of the Governing Body, Sri Kajal Bondopadhaya, asking the petitioner to show-cause as to why the petitioner shall not be removed from service.