MANAGING COMMITTEE DURGA MANDIR HINDI HIGH SCHOOL Vs. MOTILAL VERMA AND 3 ORS
LAWS(GAU)-2018-11-84
HIGH COURT OF GAUHATI
Decided on November 27,2018

Managing Committee Durga Mandir Hindi High School Appellant
VERSUS
Motilal Verma And 3 Ors Respondents

JUDGEMENT

A. S. Bopanna, J. - (1.) The appellant is before this Court assailing the order dated 18.6.2015 passed by the learned Single Judge in WP(C) 1408/2010. By the said order, the learned Single Judge has found fault in the action initiated by the appellant and the manner in which it was conducted and has, therefore, directed reinstatement of the respondent No.1/writ petitioner into service but has denied the benefit of the back wages. However, the benefit of subsistence allowance for the period of suspension and the continuity of the said period until the actual date of superannuation has been provided. The appellant, therefore, claiming to be aggrieved by such order is before this Court in this appeal.
(2.) Heard Mr. B Chakravarty, learned counsel for the appellant as well as Mr. GP Bhowmik, learned senior counsel assisted by Ms. M Kalita, learned counsel for the respondent No.1 and perused the appeal papers.
(3.) The appellant herein, on receiving a complaint against the respondent No.1 of indecent behaviour towards a girl student, had placed him under suspension on 1.6.2004 and had ultimately dismissed him from service w.e.f. 1.8.2005. The respondent No.1, claiming to be aggrieved by the same, had preferred the writ petition before the learned Single Judge. The learned Single Judge, on taking note of the contention put forth by the respondent No.1 that no opportunity had been granted to him and that the action culminating in dismissal was behind his back, had taken into consideration the provisions as contained in Rule 4 of the Assam Aided Educational Institutions and Higher Secondary Schools and High Madrassa (Conduct and Discipline of the Employees) Rules, 1960 (for short '1960 Rules'). In that light, keeping in view the nature of the punishment as provided therein, had also taken into consideration that such action could be taken only after providing an opportunity. It is in that light, the learned Single Judge was of the opinion that in the instant case, there was violation of the provisions as contained in Rule 4 of 1960 Rules and since there is violation of principles of natural justice, the order of dismissal is not sustainable.;


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