Page No.# 1/ vs The State Of Assam And 4 Ors
2025 Latest Caselaw 2163 Gua

Gauhati High Court

Page No.# 1/ vs The State Of Assam And 4 Ors on 22 January, 2025

                                                                       Page No.# 1/11

GAHC010127112024




                                                                  2025:GAU-AS:625

                              THE GAUHATI HIGH COURT
   (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                               Case No. : WP(C)/3272/2024

            JAKIR HUSSAIN
            SON OF MD. EYASHIN ALI,
            RESIDENT OF PRAGATI NAGAR,
            P.O.- BHALUKDUBI, P.S.- GOALPARA,
            IN THE DISTRICT OF GOALPARA,
            PIN- 783101, ASSAM.

            VERSUS

            THE STATE OF ASSAM AND 4 ORS.
            REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF ASSAM,
            DEPARTMENT OF SCHOOL EDUCATION,
            DISPUR, GUWAHATI- 781006.

            2:THE DIRECTOR OF SECONDARY EDUCATION
            ASSAM KAHILIPARA GUWAHATI-781019.

            3:THE INSPECTOR OF SCHOOLS GDC
             GOALPARA BHALUKDUBI ASSAM 783121.

            4:THE DISTRICT COMMISSIONER GOALPARA
             P.O.- BALADMARI GOALPARA ASSAM
             PIN- 783121.

            5:THE ADDITIONAL DISTRICT COMMISSIONER
             GOALPARA
             P.O.- BALADMARI
             GOALPARA
            ASSAM PIN- 783121

Advocate for the Petitioner   : MR. S K DAS, MR A I TALUKDAR,MR D BARMAN

Advocate for the Respondent : SC, SEC. EDU., GA, ASSAM

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BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR

Date of hearing : 22.01.2025 Date of Judgment: 22.01.2025

Judgment & order(Oral)

Heard Mr. S. K. Das, learned counsel for the petitioner. Also heard Mr. U. Sarma, learned standing counsel, Secondary Education Department, Government of Assam, appearing on behalf of all the respondents.

2. The petitioner by way of instituting the present proceeding, has presented a challenge to the order, dated 19.06.2024, issued by the Director, Secondary Education Department, Assam, relieving him from the charge of the post of the Principal of Krishnai Higher Secondary School, Goalpara.

3. As agreed to by the learned counsels appearing for the parties, this writ petition is taken-up for final hearing and disposal.

4. As projected in the writ petition; the petitioner, herein, was appointed as a Post Graduate Teacher(PGT) in Political Science subject in Krishnai Higher Secondary School, Goalpara, w.e.f. 01.02.2014. After having served for around 8 years in the school, a vacancy having arisen in the post of Principal of the said school; the petitioner was allowed by the jurisdictional Inspector of Schools to hold the academic charge of Krishnai Higher Secondary School, Goalpara vide order, dated 12.04.2022. Thereafter, a proposal was submitted by the jurisdictional Inspector of Schools before the Director, Secondary Education Department, Assam, to permit the petitioner to hold the charge of the post of Principal of the said school. Accordingly, the Director, Secondary Education Page No.# 3/11

Department, Assam, vide order, dated 04.07.2023, allowed the petitioner, herein, to hold the charge of the post of Principal of the said school along with financial power.

5. It is to be noted in the writ petition that during the year 2021, while the term of the then School Management and Development Committee was coming to an end, steps were taken for constitution of a new School Management and Development Committee for the said school. Accordingly, in terms of the guidelines existing in the matter; a General Meeting was convened on 29.09.2021. In the said meeting, one Mehabub Ali came to be recommended as the President of the new School Management and Development Committee of the school, in question. However, the jurisdictional Inspector of Schools, vide order, dated 16.12.2022, proceeded to appoint a person, namely, Rabiul Hoque, as the President of the new School Management and Development Committee of the said school. Being aggrieved, said Mehabub Ali had approached this Court by way of instituting a writ petition being WP(c)279/2023, challenging the recommendations so made in favour of said Rabiul Hoque. This Court, vide order, dated 18.01.2023, on examination of the issue arising in the matter, was pleased to suspend the said order, dated 16.12.2022, appointing said Rabiul Hoque as the President of Krishnai Higher Secondary School, Goalpara. It is contended in the writ petition that another person, namely, Rishiraj Das, Assistant Commissioner, Goalpara, was allowed to hold the charge of the post of President of the School Management and Development Committee of the said school.

6. It has been further contended in the writ petition that said Rabiul Hoque was instrumental in lodging of complaints against the petitioner, herein, before various authorities including the Departmental Minister alleging that the petitioner during his tenure as the in-charge Principal of the said school, had collected exorbitant fees from the students of the school and also collected money for Page No.# 4/11

allotment of shops constructed illegally inside the campus of the said school and also, the petitioner had published the pre-test result of Class X of the said school twice on 25.10.2023. That apart, in the said complaints, questions were also raised with regard to the educational qualification of the petitioner, herein. The complaints on being so received against the petitioner, the jurisdictional Deputy Commissioner had directed for an inquiry in the matter through the Additional Deputy Commissioner, Goalpara. On conclusion of the inquiry, the Inquiry Officer had submitted her report in the matter.

7. It has been further contended in the writ petition that the allegations as levelled against the petitioner, were all found to be false and it was also brought to light that he was not involved in any of the illegal activities being carried-out during his tenure as the in-charge Principal of Krishnai Higher Secondary School, Goalpara. Basing on the said report, proceedings were also initiated against a teacher of the said school who was found to be instrumental in the illegal construction of the Shops within the premises of the school, in question, and collecting money for allotment of the said Shops from public. However, basing on the same set of allegations, the jurisdictional Inspector of Schools, vide communication, dated 09.02.2024, had required the Director, Secondary Education Department, Assam, to take necessary action against the petitioner, herein, in the greater interest of the school, in question. In the said communication, it was also highlighted that the petitioner may have difficulty in running the school smoothly as he had not obtained the support from the teaching and non-teaching staff as well as local people of the area. Basing on the said communication, dated 09.02.2024, the Director, Secondary Education Department, Assam, proceeded to issue an order, dated 19.06.2024, by which, the petitioner, herein, was relieved from the charge of the post of the Principal of the said school and the jurisdictional Inspector of Schools was allowed to act as Principal in-charge of the school along with financial power. Further, the jurisdictional Inspector of Schools being the appointing authority, was directed to Page No.# 5/11

initiate departmental proceeding against the petitioner, herein, on the basis of the communication, dated 09.02.2024.

8. Being aggrieved, the petitioner has instituted the present proceeding before this Court.

9. Mr. Das, learned counsel for the petitioner, has submitted that the allegations that were so levelled against the petitioner, herein, was inquired into by the Deputy Commissioner, Goalpara through the Additional Deputy Commissioner, Goalpara. In the inquiry, the allegations that were so levelled against the petitioner, were all found to be not sustainable. The learned counsel has further submitted that a perusal of the inquiry report which has been brought on record in the present proceeding, it would be revealed that the allegations levelled against the petitioner on inquiry by the Inquiry Officer in the presence of the jurisdictional Inspector of Schools as well as the complainants, were all found to be not sustainable against the petitioner.

10. Mr. Das, learned counsel, has, accordingly, submitted that the jurisdictional Inspector of Schools, could not have, basing on the same set of allegations, which was already inquired into and found to be not sustainable against the petitioner, herein, proceeded to make further allegations against him which ultimately had led to the issuance of the impugned order, dated 19.06.2024.

11. By referring to the communication, dated 09.02.2024, it has been submitted by Mr. Das, learned counsel, that the allegation that the petitioner may have to face difficulty in running the school smoothly as he had failed to obtain support from the teaching and non-teaching staff of the school as well as the local people, cannot be construed to be a misconduct against the petitioner, requiring Page No.# 6/11

drawal of a departmental proceeding against him.

12. In view of the above position, Mr. Das, learned counsel for the petitioner, has submitted that this Court would be pleased to interfere with the order, dated 19.06.2024, and allow the petitioner to continue to continue as the in-charge Principal of Krishnai Higher Secondary School, Goalpara.

13. Per contra, Mr. Sarma, learned standing counsel, Secondary Education Department, has submitted that complaints having been received against the petitioner and the same having been inquired into by the jurisdictional Inspector of Schools and it having been found to have some substance; the jurisdictional Inspector of Schools vide communication, dated 09.02.2024, had proceeded to recommend action against the petitioner, herein. The learned standing counsel has further submitted that such steps were so taken against the petitioner so as to maintain a good atmosphere in the school, in question.

14. Mr. Sarma, learned standing counsel, Secondary Education Department, has also submitted that the report as contained in the communication, dated 09.02.2024, of the jurisdictional Inspector of Schools; on perusal, having found to have disclosed commission of misconduct by the petitioner, herein, the Director, Secondary Education Department, Assam, vide order, dated 19.06.2024, while relieving the petitioner from the charge of the post of the Principal of the said school, had proceeded to direct for drawal of a departmental proceeding against him. It has also been submitted by the learned standing counsel that the impugned order, dated 19.06.2024, on the basis of the materials available on record, and the reasons assigned for issuance of the same; would not call for any interference from this Court.

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15. I have heard the learned counsels appearing for the parties and also perused the materials available on record.

16. Pursuant to the petitioner being allowed to hold the charge of the post of Principal of the said school, vide order, dated 04.07.2023, issued by the Director, Secondary Education Department, Assam, complaints came to be made against the petitioner from various quarters. Although the petitioner has contended that the said complaints were so lodged by persons having vested interest in the matter; this Court is of the view that the complaints so lodged against the petitioner, would have to be taken into consideration. The said complaints that were so received against the petitioner was also the contents of an article published in a local daily i.e. "Dainik Agradoot", in its issue, dated 03.12.2023. The Deputy Commissioner, Goalpara, in view of the article published in the said Daily on 03.12.2023, proceeded to direct for an inquiry into the same by the Additional Deputy Commissioner, Goalpara. The Additional Deputy Commissioner, Goalpara, accordingly, initiated the inquiry into the allegations so levelled against the petitioner, herein, and on conclusion of the said inquiry, submitted her report in the matter before the Deputy Commissioner, Goalpara, on 14.12.2023. A perusal of the said report, would go to show that the said inquiry was so conducted by the Additional Deputy Commissioner, Goalpara, in the presence of the jurisdictional Inspector of Schools, the complainants as well as the local people. A perusal of the findings so recorded by the Inquiry Officer in the said inquiry report, would go to reveal that each and every allegation so levelled against the petitioner, was taken-up for consideration and basing on materials coming on record in the inquiry, all such allegations were held to be not sustainable against the petitioner.

17. One of the allegations so levelled against the petitioner was that he had constructed 20 nos. of pucca rooms within the campus of the school, in question, Page No.# 8/11

illegally and had collected money from various persons for allotment of the said rooms to be used as Shops. In the inquiry, the said allegation was examined and it had come to light that the said illegal action was committed by an Assistant Teacher of the said school. Accordingly, the Inquiry Officer had required the demolition of the illegally constructed rooms inside the campus of the supplementary charge-sheet and also for taking disciplinary action against the Assistant Teacher so involved in the matter. The other allegations were also examined by the Inquiry Officer and were found to be not sustainable against the petitioner, herein.

18. It is found that basing on the said Inquiry Report, the jurisdictional Inspector of Schools vide an order, dated 28.12.2023, had proceeded to place the Assistant Teacher found to be involved in the illegal construction of the rooms inside the campus of the said school, under suspension pending drawal of a departmental proceeding against him. It is also to be noticed that the Deputy Commissioner, Goalpara, had issued a clarification in a press conference on 05.01.2024, with regard to the various allegations levelled against the petitioner as well as the functioning of the school, in question. The statements so made by the jurisdictional Deputy Commissioner would go to show that the Inquiry Report as submitted by the Inquiry Officer, was accepted by the Deputy Commissioner, Goalpara. In the above background, the report as submitted by the jurisdictional Inspector of Schools vide the communication, dated 09.02.2024, is now required to be examined.

19. A perusal of the said communication, dated 09.02.2024, would go to reveal that the findings of the Additional Deputy Commissioner, Goalpara, so recorded in her Inquiry Report, dated 14.12.2023, was not questioned by the jurisdictional Inspector of Schools. In the said communication, dated 09.02.2024, it is stated that another complaint was received against the petitioner from some local Page No.# 9/11

people in connection with illegal collection of fees from the students and also, regarding the educational qualification of the petitioner, herein. The said communication, dated 09.02.2024, does not proceed to disclose the nature of the complaints received in the matter against the petitioner. It is only observed therein that a hearing was conducted in the matter on 18.01.2024, and that the educational requirement of the said school was deteriorating due to loose administration of the petitioner, herein.

20. Basing on the above narration of the complaint received against the petitioner, the jurisdictional Inspector of Schools, dated 09.02.2024, proceeded to conclude that the question of administrative ability of the petitioner having been raised from different sectors, it was presumed that the petitioner may have to face difficulty in running the school smoothly as he had failed to obtain the support of the teaching and non-teaching staff of the school as well as the local people. Accordingly, it was proposed that necessary action against the petitioner, be taken. The said report, on the face of it, is clearly vague and the allegations so levelled against the petitioner, having already been inquired and concluded by the Additional Deputy Commissioner, Goalpara, and the said Inquiry Report having not been questioned, it was not open to the jurisdictional Inspector of Schools to level further vague allegations on the same issue against the petitioner in the matter.

21. Accordingly, this Court is of the considered view that the basis for holding that the petitioner, herein, may have difficulty in running the school, in question, smoothly and his loose administration may hamper the educational environment of Krishnai Higher Secondary School, Goalpara, cannot be sustained.

22. Having recorded the above conclusion with regard to the Inquiry Report, dated 09.02.2024; this Court would now examine, the order, dated 19.06.2024, Page No.# 10/11

passed by the Director, Secondary Education Department, Assam, and impugned in the present proceeding. A perusal of the said order, dated 19.06.2024, would go to show that the petitioner was relieved from the charge of the post of Principal of Krishnai Higher Secondary School, and further, departmental proceedings were directed to be initiated against him. The said action was so required to be done basing on the following factors:

"Whereas, allegation regarding collection of fees from students as well as collection of money from outsiders for the purpose of opening of shops in the School campus etc., against Sri Zakir Hussain, Assistant Teacher and Principal in-charge of Krishnai H.S. School, District - Goalpara was received from the local public vide petition dtd. 21.11.2023;

Whereas, the said allegation was enquired through the Inspector of Schools, G.D.C. Goalpara and the said authority submitted the enquiry report vide his letter No. GDC/Plan/Compl/Zakir Hussain/23/41/6325, dtd. 09.02.2024, which appears violation of Govt. Rules, lack of administrative ability and negligence of duty on the part of Sri Zakir Hussain. In view of the above, it has been decided to consider the report of enquiry submitted by G.D.C. Goalpara vide his letter No. GDC/Plan/Compl/Zakir Hussain/23/41/6325, dtd. 09.02.2024 and relieve Sri Zakir Hussain, Assistant Teacher from the charge of Principal of Krishnai H.S. School, District - Goalpara."

23. A perusal of the reasons for issuance of the said order, dated 19.06.2024, and as extracted hereinabove, would go to show that the allegations so considered against the petitioner, herein, were already inquired into by the Additional Deputy Commissioner, Goalpara, and a report in this connection, was submitted on 14.12.2023. It is interesting to note that the said report was not considered by the Director, Secondary Education Department, Assam, while drawing conclusions in the matter against the petitioner, herein.

24. The allegations so considered against the petitioner being collection of exorbitant fees from the students as well as collection of money from outsiders for the purpose of opening of shops inside the campus of the said school, etc., and the same having already been inquired and found to be not sustainable against the petitioner, herein; the Director, Secondary Education Department, Assam, basing on the same set of allegations, could not have proceeded to relieve the petitioner from the charge of the post of Principal of Krishnai Higher Secondary School, Goalpara. Further, basing on the said allegations, no Page No.# 11/11

departmental proceeding was permissible to be drawn against the petitioner, in- as-much as, no misconduct was forthcoming against him during the inquiry conducted by the respondent authorities, in the matter.

25. Accordingly, in view of the above conclusions; this Court is of the considered view that the impugned order, dated 19.06.2024, cannot be sustained and would require an interference from this Court. Accordingly, the order, dated 19.06.2024, is hereby set aside.

26. Consequently, the petitioner shall be now permitted to hold the charge of the post of Principal of Krishnai Higher Secondary School, Goalpara, till the same is so filled-up on regular basis.

27. It is further provided that in the event, there are already materials existing with the respondent authorities which demonstrate commission of misconduct by the petitioner, herein, in the matter and/or, in the event, any such material comes to the knowledge of the respondent authorities subsequently; it would be open to the respondent authorities to draw appropriate proceedings in the matter against the petitioner, herein, under the provisions of the Assam Services(Discipline and Appeal) Rules, 1964. In the event of drawal of such proceedings, it would also be open to the respondent authorities to examine as to whether it would be permissible to permit the petitioner to continue to hold the charge of the post of Principal of the said school, under such circumstances.

28. With the above directions and observations; the writ petition stands disposed of.

JUDGE

Comparing Assistant