SHAMSUDDIN BORBHUIYAN Vs. STATE OF ASSAM

JUDGEMENT

(1.) By filing this petition under Article 226 of the Constitution of India, petitioner seeks quashing of order dated 29.09.2012 passed by the Director of Elementary Education, Assam, imposing the penalty of withholding of 5 annual increments with cumulative effect on the petitioner.

(2.) Petitioner is serving as Assistant Teacher in Bakrihowar MV School in the district of Hailakandi. By order dated 02.05.2011 passed by the Director of Elementary Education, Assam, he was placed under suspension. It was stated that following a preliminary enquiry, it came to light that petitioner was involved in illegal drawal of money as incremental benefit of 140 numbers of Assistant Teachers belonging to Middle Schools of Hailakandi district.

(3.) Thereafter, show-cause notice dated 14.02.2012 was issued by the Director under Rule 9 of the Assam Services (Discipline and Appeal) Rules, 1964 (1964 Rules) read with Article 311 of the Constitution of India as to why any of the penalties prescribed in Rule 7 of the 1964 Rules should not be imposed on him on the following two charges: