JAMUNARAM SARMA Vs. STATE OF ASSAM AND OTHERS
LAWS(GAU)-1973-11-4
HIGH COURT OF GAUHATI
Decided on November 16,1973

SHRI JAMUNARAM SARMA Appellant
VERSUS
STATE OF ASSAM Respondents

JUDGEMENT

- (1.) This application under Article 226 of the Constitution is directed against the order dated 27-4-1970 of respondent No. 4, the Managing Committee of Central Dharamtul Motiram Bora High School, Nowgong, removing the petitioner from service and the order dated 6-11-1971 passed by respondent No. 3, the Inspector of Schools, Nowgong District Circle, Nowgong, approving the above termination of service by respondent No. 4.
(2.) The petitioner was a Hindi teacher of the aforesaid school. At the instance of respondent No. 4, the petitioner was put under suspension on 19-8-1969 by respondent No. 5, the Secretary of the School, proceedings were drawn against him, and he was asked to show cause by his Memo No. 726/57(a) dated 3-2-1970 against certain charges drawn against him. The petitioner submitted his explanations to the said charges. An inquiry was held by respondent No. 5. After completion of the enquiry, the petitioner received on 6-4-1970 letter No. 769 of 1963 dated 28-2-1970 (Annexure B) from respondent No. 5, as directed by respondent No. 4, calling upon the petitioner to show cause why he should not be dismissed from service; and respondent No. 4 by a resolution dated 26-4-1970 removed the petitioner from service forthwith. This was communicated, to the petitioner by respondent No. 5 vide Memo No. 835/72 dated 27-4-1970 (Annexure C). From the aforesaid order of removal from service, the petitioner preferred an appeal before the Director of Public Instructions, Shillong on 20-10-1970, but the appeal was dismissed; and respondent No. 3 also approved the removal.
(3.) Sri S. K. Sen, learned counsel appearing on behalf of the petitioner, submits that the removal of the petitioner from service is bad in law inasmuch as, he submits, there has been a breach of the principles of natural justice as the respondent No. 5, who was the Headmaster and Secretary of the School, held the enquiry, and as the Inspector of Schools did not apply his mind to the facts of the case in according his approval to the removal of the petitioner from service.;


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