JYOTISH KALITA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Sri DK Sarma, learned counsel for the petitioner and Sri N Sarma, learned Standing counsel, Education Department, Assam.

(2.) The petitioner who was appointed and joined on 24.5.2007 as an Assistant Teacher (Music), in Laduguri Anchalik Janajatiya School is aggrieved by the impugned order dated 21.6.2011 issued under the signature of the president/secretary of the managing committee of Laduguri Anchalik Janajatiya School and the Headmaster of the said school. By the said order dated 21.6.2011, it has been provided that the petitioner was connected with some scandal and he did not report back to duty after expiry of the 3 (three) months medical leave. The order provides that the executive committee recognized the petitioner on 19.2.2011 to be morally characterless teacher and accordingly he was asked as to why he would not be discharged from the post of teacher. The petitioner is aggrieved that on the basis of the said order dated 21.6.2011, it has already been construed that he has been discharged from service. It is the contention of the petitioner that the said order dated 21.6.2011 is actually in the nature of a show-cause notice and it cannot be construed to be an order of discharge.

(3.) A bare perusal of the last sentence in the said order dated 21.6.2011 would go to show that the petitioner was asked as to why he would not be discharged from the post of the teacher, which, prima-facie, satisfies the court that it is actually in the nature of a show-cause notice.