DEBASHIS DAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) THE petitioner was appointed Headmaster of Tengripar High School, a privately managed institution, on 22. 4. 1991 by its Managing Committee. The appointment was approved by the Inspector of Schools, Nagaon on 6. 4. 1994. On 18. 7. 2004 the President of the Managing Committee of the said school issued show cause notice asking the petitioner to give his reply to certain allegations against him received by the Committee from some students, their guardians and some teachers. The allegations are that the petitioner was misbehaving with some young girl students in a manner which amount to outraging their modesty. He was in the habit of touching their face, neck and other parts of their body around their blouse, apart from making sexually coloured remarks. Such behaviour on the part of the Headmaster generated serious discontent among students, teachers and the guardians. The other allegation contained in the said show cause notice are that he was demanding Rs. 300-400/- from the students for issuing transfer certificate and the fund of the school was not managed properly, as observed by the Auditor.

(2.) THE petitioner submitted his reply to the said show cause notice denying the allegations and contending, inter alia, that had there been any truth in the said allegation of sexually harassing the girl students he would have certainly received some sort of communication from the parents or teachers expressing, their grievances. As he received none from any person, not even from the alleged victims, he had reason to believe that all such allegations were the out come of certain conspiracy against him. He also strongly denied the allegation of receiving money for issuing transfer certificate or mismanaging the school fund.

(3.) THOUGH all the allegations were denied specifically, the petitioner was terminated from service by a resolution of the Managing Committee taken on 28. 7. 2004, without any inquiry into the said allegations. Thus, no opportunity to defend himself against the unverified and untested allegations was afforded to him. Aggrieved by such order of termination dated 29. 7. 2004 the petitioner has approached this court calling into question the correctness and validity of the order of termination.