Decided on May 25,2018

Shahjahan Ali Appellant
STATE OF ASSAM Respondents


A.M.BUJOR BARUA,J. - (1.) Heard Mr. M. K. Choudhury, learned Senior Counsel for the petitioner. Also Mr. N. Sarma, learned Standing Counsel for the Secondary Education Department.
(2.) The petitioner who was serving as a Headmaster of Isabpur High School was suspended by an order dated 28.09.2012 and thereafter a show cause notice dated 29.1.13 was issued containing the following charges: "1). That while you were serving as Headmaster of Isabpur High School you have failed to submit Utilization Certificate and Vouchers of the fund against the amount sanctioned to the school time to time as mentioned below : (a) Rs. 5,00,000/- (Five Lakhs) sanctioned under 12th Finance Commission Award 2009-10. (b) Rs. 75,000/- (Seventy Five Thousand) sanctioned by R.M.S.A. for the year 2010-11. (c) Rs. 25.000/- (Twenty Five Thousand) minor repairing grant. As such you are charged with misappropriation of Govt. money for your pecuniary gain. 2). That while you were serving as Headmaster of Isabpur High School under Barpeta District you are found most irregular in your duty and most of the days of a month remained absent from School duty without any intimation to the Higher authority. You attended the School very late and leaves the School early before scheduled time of departure. As such it is observed that it leads to the total failure of School administration and negligence of duty. You are therefore charged with negligence of duty and insubordination of higher authority and failure of school administration to run the school as Head of the Institution."
(3.) The show cause notice clearly states that it was issued under Rule 9 of the Assam Services (Discipline and Appeal) Rules, 1964 (for short, 1964 Rules). When the show cause notice and the statement of allegation submitted along with is examined, it is noticed that nowhere in the show cause notice nor in the statement of allegation any mention is made as to the list of witnesses and documents upon which the disciplinary authorities seek to rely upon.;

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