LAWS(GAU)-2007-2-45

WILBIRTHFORTH MOMIN Vs. STATE OF MEGHALAYA

Decided On February 01, 2007
WILBIRTHFORTH MOMIN Appellant
V/S
STATE OF MEGHALAYA Respondents

JUDGEMENT

(1.) HEARD Mr. B. K. Deb Roy, learned counsel for the petitioner and Mr. N. D. Chullai, learned counsel for respondent Nos. 1 to 7. None appears for the respondent No. 8 despite notice to it.

(2.) IN the present writ petition, the impugned order dated 01. 07. 99 (Annexure-4) passed by the Secretary, Managing Committee, Sualmari Govt. Aided (Deficit) ME School, East Garo Hills (in short "school") terminating the service of the petitioner working as Headmaster of the said school as well as another order dated 12. 05. 2000 (Annexure-7) giving approval of termination by the Deputy Inspector of Schools, Resubelpara, East Garo Hills have also been challenged. For convenience, the orders dated 01. 07. 99 and 12. 05. 2000 are extracted below:

(3.) ACCORDING to the petitioner, he was originally appointed as Assistant Teacher in the year 1994 in officiating capacity in the said school and later on, his service was regularized on 14. 09. 1994. According to the petitioner, he has rendered service with sincerity and to the best of his ability. He had gone on leave on account of his suffering from Tuberculosis in the year 1998, and for continuance of his ailment he had applied for extension of leave from 12. 04. 99 to 12. 07. 99, and was even hospitalized on 11. 04. 99, however, the Managing Committee of the said School, without granting him leave had asked for an explanation and had also given him a warning that he should not submit an application in future. The petitioner had addressed the letter on 03. 06. 99 to All Garo Hills Deficit School Teacher Employment Association seeking protection against the unusual treatment of the Managing Committee of the said School. The petitioner's service was terminated by an impugned order dated 01. 07. 99 (Annexure- 4) by the Secretary of the Managing Committee of the said School. Despite submitting representation addressed to the Inspector of Schools, East Garo Hills, Meghalaya, no heed was paid. The petitioner was asked to appear before the Additional Director of Public Instruction, Tura, Inspector of Schools, East Garo Hills, Meghalaya, as well as before the Deputy Inspector of Schools, East Garo Hills, in connection with an inquiry on 15. 10. 99. It appears on the ground of the ailment, he could not appear and he had informed to the Deputy Inspector of Schools regarding his ailment. The petitioner was not informed about any subsequent date of hearing and instead was served the impugned termination order dated 01. 07. 99 which was subsequently approved on 12. 05. 2000 by the Deputy Inspector of Schools (Annexure-4 ).