DR. LALATENDU SAHU Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. G.N. Sahewalla, learned senior counsel representing the petitioner as well as Mr. B. Kaushik, learned counsel representing respondent nos. 1 and 2. Mr. B. Choudhury, learned counsel represents respondent nos. 3 and 4.

(2.) At the outset it is placed on record that the petitioner confines his prayer only to the legality and validity of the Show Cause Notice dated 13.11.2015 and for no other reliefs.

(3.) Brief facts to be noticed are that the petitioner retired as the Principal of Kampur College, Nagaon on 30.06.2015 on attaining the age of superannuation. Prior to his retirement, the Governing Body of the College contemplated to take action against the petitioner as he remained absent from duty since 17.04.2005. In this respect, the Governing Body had taken Resolution dated 11.04.2012, followed by Public Notice dated 26.07.2012 in the newspaper. Petitioner was asked to resume duty, making it clear that failure thereof, disciplinary action will be taken as per Rules. It appears that although another Resolution was taken by the Governing Body in its meeting dated 09.10.2012 to remove the petitioner from service, however, the same was withdrawn vide Resolution No. 1 adopted in the meeting of the Governing Body dated 29.05.2015. The same was withdrawn in view of the fact that proceedings for removal from service can only be initiated by following the procedure laid down under the Assam Services (Discipline and Appeal) Rules, 1964. The Governing Body in its meeting dated 29.05.2015 had also adopted Resolution No. 2 for placing the petitioner under suspension pending drawal of disciplinary proceedings.