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Judgment
T. Nandakumar Singh, J.—Heard Mr. HR Nath, learned counsel for the petitioner, Mr. S Sen Gupta, learned Addl. Sr. GA appearing for the respondents No. 1 & 2 and Ms. S. Bhattacharjee, learned counsel for the respondents No. 3-6.
The petitioner is assailing the impugned termination order dated 05.06.2014 (Annexure-III to the writ petition) issued by the Secretary, Hullukona Secondary School, South West Garo Hills only on the ground that the principles of natural justice was not followed before issuing the same. For easy reference, the impugned termination order dated 05.06.2014 is reproduced hereunder:--
"Office of the Secretary Hullukona Sec. School P.O. Zikzak, South West Garo Hills
Dated:-- Hullukona Sec. school the 5th June, 2014
On the recommendation of school managing committee (S.M.C.) meeting of the Hullukona Secondary school held on June 5, 2014 at the school premises that Smt. Verinthia G. Momin have been terminated on the basis of appointment latter from the assistant teacher of Hullukona Secondary School w.e.f. 05-06-2014 for the following grounds.
Not responsible for the show cause Notice.
Misbehave with the school managing committee.
Violation of School Rules and Regulation.
Un-parliamentary words with the villagers.
Having husband she is affair openly with one''s that is bad example to the students, institution and society.
Dis-obedient to the senior teachers.
Irrigulatory in duty.
Secretary
Memo No. HSS/TL-1/2014/19 Dated: 05/06/2014
Copy to:--
District School Education Officer, Ampati
District School Education Officer, Tura
President, School Managing Committee
Smt. Verinthia G. Momin
Sec. AGHGASSTA
Office file
Sd/- Secretary, Hullukona Sec. School South West Garo Hills."
By referring to the impugned order mentioned above, learned counsel for the petitioner contended that the impugned termination order is not the termination order simpliciter inasmuch as, the impugned termination order is stigmatic. For deciding the above point raised by the learned counsel for the petitioner, the concise fact of the case, leading to the filing of the present writ petition is noted. The petitioner was appointed as assistant teacher in Hullukona Secondary School, West Garo Hills vide appointment order dated 19.08.2010 (Annexure-I to the writ petition). On perusal of the said appointment order dated 19.08.2010, it appears that the petitioner was appointed as assistant teacher of the said school i.e. Hullukona Secondary School, West Garo Hills on temporary basis with the conditions that her service can be terminated without prior intimation or without assigning any reason thereof. Hullukona Secondary School is a Govt. Aided school having a total strength of 5 (five) teachers including the present petitioner and Headmaster. All the teachers are receiving monthly salary from the grant-in-aid received by the said school. It is admitted case of both the parties that the appointment of teacher by the Managing Committee and termination of the service of the teacher by the Managing Committee requires the approval of the District School Education Officer. To the utter shock and surprise of the petitioner, she had been released from service vide the impugned termination order dated 05.06.2014 issued by the Secretary of the Managing Committee of the said school i.e. Hullukona Secondary School, West Garo Hills. It is stated in Paragraphs 6, 7, 8 and 9 of the writ petition that the impugned termination order dated 05.06.2014 was issued without giving any opportunity to file her show cause reply/statement and also without any approval of the District School Education Officer, Tura. It is also stated that the termination of the service of the petitioner by the School Managing Committee requires prior approval from the District School Education Officer. It is further stated in the writ petition that immediately after terminating the petitioner from service, the School Managing Committee appointed another person Shri Habster K. Sangma, who is the son of one of the members of the Managing Committee of the school. In Para 8 of the writ petition, the petitioner made serious allegation that the respondent (Managing Committee) in order to appoint Shri. Habster K. Sangma son of Shri. Kimjing N. Marak, who is one of the members of the Managing Committee as teacher, intentionally labelled unwarranted allegation against the petitioner.
The respondent No. 2-District School Education Officer, South West Garo Hills, Ampati had filed affidavit-in-opposition wherein, it is stated that the respondent No. 2 under his letter dated 15.05.2014 directed the Secretary of the School Managing Committee to follow the normal procedures such as show cause notice before terminating the petitioner from service. For easy reference, the said letter of the District School Education Officer, South West Garo Hills, Ampati dated 15.05.2014 is quoted hereunder:--
"GOVERNMENT OF MEGHALAYA OFFICE OF THE DISTRICT SCHOOL EDUCATION OFFICER SOUTH WEST GARO HILLS, AMPATI
Dated Ampati, the 15th May, 2014
No.ADSEO/MISC-2/2014/343
From:-- Shri. S.N. Sangma, District School Education Officer, South West Garo Hills, Ampati.
To:-- The Secretary, Hullukona Secondary School, South West Garo Hills.
Sub:-- Issue of Show cause notice.
Sir,
With reference to the subject cited above, I am to state that as per your proceedings of the meeting of SMC/Parents/Guardians held on 01/05/2014 at 2:00 pm regarding Smt. Verinthia G. Momin, Asst. Teacher who had already released from the Asst. Teacher on the very day regarding certain allegations by the SMC. In this connection whether the SMC served any show cause notice to her before terminating from service. If not, you are directed to issue show cause notice to her as a redressal cause and let her explain the matter to the SMC within a specific reasonable time as per your allegations. After that, the SMC may take further necessary action based on the replies submitted by the said Assistant Teacher as per RTE Norms. A copy of the extract copy of RTE is enclosed for your reference.
Please inform action taken report to the undersigned.
Enclosed: As stated.
Yours faithfully, Sd/- District School Education Officer South West Garo Hills, Ampati."
From conjoint reading of the writ petition as well as the affidavit-in-opposition filed by the respondent No. 2, it is crystal clear that the petitioner had been removed from service by the School Managing Committee by issuing the termination order dated 05.06.2014 for the charges mentioned therein.
The School Managing Committee also filed joint affidavit-in-opposition. In para 8 of the joint affidavit-in-opposition filed by the Managing Committee, it is stated that the show cause notice was issued to the petitioner before issuing the impugned termination order dated 05.06.2014. Para 8 of the joint affidavit-in-opposition filed by the Managing Committee reads as follows:--
"8. That in response to paragraph 5 of the writ petition, the petitioner states that being dissatisfied with the service of the petitioner, the Managing Committee of the school along with the parents and guardian decided to dispense with her service and accordingly issue show cause notice to her, the receipt of which she did not acknowledge."
The said para 8 of the joint affidavit-in-opposition filed by the Managing Committee does not disclose the date of the show cause notice and also the date of issuing the show cause notice to the petitioner. Ms. S. Bhattacharjee, learned counsel for the respondent-Managing Committee contended that the Managing Committee did not even retain a copy of the show cause notice sent to the petitioner. This Court also put pointed question to Ms. S Bhattacharjee, learned counsel for the respondent-Managing Committee as to the date of the show cause notice and also the charges for which the petitioner had been asked to file show cause statement. But she could not give any reply. As stated above, this Court is of the considered view that no show cause notice was served to the petitioner before issuing the impugned termination order. This finding of this Court is further fortified by the pleadings in the writ petition as well as the affidavit-in-opposition filed by the respondent No. 2. Ms. S Bhattacharjee, learned counsel for the respondent-Managing Committee simply stated that the said letter dated 15.05.2014 of the District School Education Officer, South West Garo Hills, Ampati was received after issuing the impugned termination order dated 05.06.2014. For the sake of repetition, it is reiterated that order for terminating the service of the teacher by the School Managing Committee required the approval of the District School Education Officer and in the present impugned termination order dated 05.06.2014 was not yet approved by the competent authority i.e. District School Education Officer, South West Garo Hills, Ampati.
For the reasons discussed above, the impugned termination order dated 05.06.2014 which was issued in clear infraction of natural justice is hereby set aside. The School Managing Committee is directed to comply with the direction issued by the competent authority i.e. District School Education Officer, Ampati dated 15.05.2014 and pass necessary order after giving ample opportunity to the petitioner to put up her case in defence. It is made clear that the whole exercise should be completed within a period of two months from the date of receipt of a certified copy of this judgment and order. So as to enable the School Managing Committee to comply with the direction of the District School Education Officer, South West Garo Hills, Ampati dated 15.05.2014, the petitioner should be reinstated in service inasmuch as, the disciplinary proceeding or departmental proceeding cannot be proceeded against the employee who had already been terminated. With the above observations and directions, this writ petition is allowed.