Decided on May 13,2013



- (1.) Heard Mr. R. Jha, learned counsel appearing for the petitioner and Mr. K. Khan, learned counsel appearing for the respondents No. 1-3. Also heard Mr. S. Sen, learned counsel appearing for the respondents No. 4. By this writ petition, the petitioner is assailing the order of the Authorities of the St. Anthony's Higher Secondary School, Shillong dated 23.02.2006 for approving the meeting of the Managing Committee held on 16.12.2005 for terminating the service of the petitioner from the post of Assistant teacher of the St. Anthony's Higher Secondary School w.e.f. 31.12.2005 and also the order of the Principal and Secretary, St. Anthony's Higher Secondary School dated 23.02.2006 for informing the petitioner that he has been terminated from service as Assistant teacher-cum-Secretary in St. Anthony's Higher Secondary School with immediate effect and also for a direction to the respondents to reinstate his service as Assistant teacher-cum-Secretary in the St. Anthony's Higher Secondary School.
(2.) The petitioner is a Science graduate holding diploma in Computer Applications and he was appointed as Assistant teacher for Computer Science at St. Anthony's Higher Secondary School, Shillong in 2000 and he continued to serve in the said capacity till he was terminated from service. For an unfortunate incident on 24.06.2004, the petitioner was put under suspension and for that incident, the school authority had initiated a departmental enquiry for the charges:-- (i) That, on 24.06.2004 at about 5:00 pm during the absence of the Principal, you were seen standing near the office-drawer of the Principal's office and a sum of Rs. 7000/- (Rupees seven thousand) was found missing. Since you were found in a forbidden place, you expressed shock, upon the Principal's sudden entry. (ii) That, during the year 2000, you misbehaved with your office colleague Ms Rupa Gurung and attempted to violate her modesty and mentally tortured her in the workplace.
(3.) For the said incident, the school authority lodged an ejahar dated 25.06.2004 with the Officer-in-Charge, Laitumkhrah PS and on receipt of the ejahar, the Officer-in-Charge, Laitumkhrah PS also registered a criminal case. For ready reference, the said ejahar dated 25.06.2004 is quoted herein-under:-- St. Anthony's Higher Secondary School (A Don Bosco Institution) Shillong-793003 --------------------------------------------------------------------------------------- Ref. No. SAHSS/FIR/2004-01 Dated 25th June, 2004. The Officer Incharge, Laitumkhrah Police Station, Shillong-793003. Subject: FIR. Sir, I would like to lodge an FIR regarding the theft of a sum of Rs. 7000 (seven thousand) on the 24th June, 2004 at 5:00 pm from the office-drawer of the Principal. The prime suspect is Mr. Arvind Kumar Singh, my Office Secretary. When I, the Principal Suddenly entered the office, Mr. Arvind was found near my office-drawer, which was kept partly opened. He expressed a sudden shock at my entry. He was alone in the office and there was no reason for him to be found near my office-drawer. Two days prior to this, I had lost a bag with an amount of Rs. (approx) 35,000/- and we have been making searches for the same. In the month of February, a brand new camera was lost from my office. Only Mr. Arvind had access to it and knew the location where it was kept. Small items like camera rolls, CD's etc are constantly missing. After yesterday's event, I am convinced that Mr. Arvind Kumar Singh who has been guilty of many thefts in the past. I earnestly request the Police to arrest Mr. Arvind immediately and proceed against him according to law and help in the recovery of stolen cash and goods. Thanking you, Sd/- Fr. PD. John, Sdb, Principal.;

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