Sandhya Rani Devi Vs the State of Assam and 3 Ors.

Heard Mr. RC Saikia, learned counsel for the petitioner, who submits that the petitioner retired as Principal In-charge of the Bezera Anchalik Junior College on 31.01.2022.

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2. The petitioner’s grievance is that the respondent No. 2 had issued an order dated 06.10.2021 earlier, by which the Inspector of Schools, KDC, Kamrup (R) has been allowed to hold the charge of Principal of the School in addition to his normal duties until further orders. The said order dated 06.10.2021 was put to challenge in WP(C) 5612/2021 and this Court, vide order dated 27.10.2021 stayed the impugned order dated 06.10.2021.

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3. As the petitioner had retired on 31.01.2022, this Court dismissed WP(C) 5612/2021 as infructuous, vide order dated 03.01.2024.

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4. The petitioner’s counsel has again approached this Court in view of the show-cause notice dated 14.08.2024 issued to the petitioner under Rule 9 of the Assam Services (Discipline and Appeal) Rules, 1964. By way of the show-cause notice dated 14.08.2024, the petitioner has been asked as to why the penalties

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under Rule 21 of the Assam Services (Pension) Rules, 1969 should not be inflicted upon him on the following charge, based on the statements of allegations attached with the show-cause notice. The charge against the petitioner in the show-cause notice is as follows:-

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“1. That while you were in service and serving as Principal in-charge of Bezera Senior Secondary School under Kamrup District, you were found involved in not maintaining accounts of the institution including cash book, operating the Bank Account single handedly, collecting admission fees from the students of Class XI & XII and not signing the final pension papers of the retired Principal i/c of the institution etc

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You are therefore, charged with involvement in misappropriation of fund, misusing of power, deterioration of the academic atmosphere of the school.”

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5. The petitioner has also been asked to submit his written statement of defence within 7 (seven) days from the date of the show-cause notice.

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6. The petitioner’s counsel submits that the petitioner thereafter submitted a letter dated 27.08.2024 to the Director, Secondary Education and Disciplinary Authority, requesting him to give the petitioner the enquiry report submitted by the Enquiry Team, pursuant to the DSE’s order No. PC/JC/03/2001/Pt-I/85, dated 30.06.2021, which was mentioned in the list of documents in the statement of allegations submitted to the petitioner. However, the said enquiry report has not been furnished to the petitioner till date.

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7. The petitioner’s counsel submits that if the said enquiry report, which is reflected in the statement of allegations, is furnished to the petitioner, he can make a proper reply in his defence to the show-cause notice dated 14.08.2024.

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8. Mr. B Kaushik, learned counsel for the Secondary Education Department submits that the enquiry report, which is reflected in the statement of allegations, shall be furnished to the petitioner within one week from the date of receipt of a certified copy of this order.

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9. In view of the submissions made by the learned counsels for the parties, this Court is of the view that the case need not be detained in this Court any longer. Accordingly, the Director, Secondary Education shall furnish a copy of the enquiry report to the petitioner that has been reflected in the statement of allegations annexed to the show-cause notice dated 14.08.2024. The same should be furnished to the petitioner within a period of 1 (one) week from the date of receipt of a certified copy of this order. Thereafter, the petitioner should be given a week’s time to make a reply to the show-cause notice dated 14.08.2024 w.e.f. the date of receipt of the enquiry report.

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10. The writ petition is disposed of accordingly.

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JUDGE

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Comparing Assistant

Sandhya Rani Devi v. the State of Assam and 3 Ors.

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Sandhya Rani Devi v. the State of Assam and 3 Ors.

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