DALIMI BURAGOHAIN Vs. STATE OF ASSAM AND ORS.

JUDGEMENT

(1.) In this application under Art. 226 of the Constitution of India, petitioner has challenged the Annexure 12 order dated 18th May, 1992 issued by the respondent No. 3 the Deputy Inspector of Schools, Dhemaji, terminating the service of the petitioner.

(2.) The case of the petitioner is that she was appointed Assistant Teacher in Logoti Primary School by Annexure 8 order dated 19.12.89 issued by the respondent No. 3 and she joined in service on 20.12.89. Vacancy in post of Assistant Teacher, occurred due to retirement of one Phuleswar Gogoi of Purani Gauripur Primary School. After joining in service she was discharging her duties, however, she was not paid her pay and allowances, The petitioner, therefore, approached this Court by filing an application under Art. 226 of the Constitution (Civil Rule No. 2127 of 1990). This Court by order dated 25.3.92 directed the respondents to ensure payment to the petitioner, her pay and allowances for the period she served subject to the right of the respondents to take legal steps for recovery, if necessary. Accordingly, the petitioner was paid her pay and allowances.

(3.) Later, respondent No. 3 issued a show cause notice dated 30.3.92 asking the petitioner to show cause within 15 days as to why her appointment should not be cancelled. Annexure 10 cyclostyled notice keeping some blanks, which has been filled in by hand, was served on the petitioner. The petitioner in reply to this notice, showed cause by Annexure 11 dated 7.4.92, but the respondent No. 3 found her reply not satisfactory and accordingly dismissed the petitioner from service on the ground mentioned in Annexure 12. This was also a cyclostyled copy keeping some blanks, which were filled in by hand. The grounds mentioned in the said order dated 18.5.92 are quoted below :