Shri Rezabul Hoque vs . State Of Meghalaya & Ors.
2022 Latest Caselaw 240 Meg

 Serial No. 25
 Regular List
                              HIGH COURT OF MEGHALAYA
                                    AT SHILLONG
WP(C) No. 16 of 2019
                                                     Date of Order: 25.05.2022

Shri Rezabul Hoque                        Vs.       State of Meghalaya & Ors.

Coram:
                        Hon'ble Mr. Justice H. S. Thangkhiew, Judge


Appearance:
For the Petitioner(s) :            Mr. M.F. Qureshi, Adv.

For the Respondent(s):            Mr. H. Kharmih, Addl. Sr. GA (For R 1-5)

Mr. A.S. Siddiqui, Sr. Adv. with Ms. M.K. Sah, Adv. (For R 6)

i) Whether approved for reporting in Yes/No Law journals etc:

ii) Whether approved for publication Yes/No in press:

JUDGMENT AND ORDER (ORAL)

1. Pursuant to the order of this Court dated 15.12.2021, an enquiry

has been conducted by the State Project Director (SSA), State Education

Mission Authority, Meghalaya. The terms as set out for the enquiry by the order

dated 15-12-2021 were three fold:

i) Whether the salary of the petitioner is lying in the account of the

Managing Committee.

ii) If so, the reasons for not releasing the same.

iii) The number of sanctioned teachers in the said school and their names

including the dates of appointment and approval.

2. The State Project Director has since filed an affidavit bringing on

record the enquiry that has been conducted and the findings recorded therein.

As per the enquiry report dated 11- 02-2022, the above three points of reference

have been gone into and the same which constitutes the findings at Sl. No. 5 of

the enquiry report is reproduced herein below:

"5. Findings of the inquiry:

After considering and examining the above statements of officials and verifying the documents available before me, the following are my findings:

i) The salary of the petitioner, Shri. Rezabul Hoque is lying in the bank account of the Managing Committee of Konarchar Girls SSA UPS, having Bank Account No. 35067673005 operated with SBI, Hallydayganj Branch excluding the amount of Rs. 1,02,465/- (Rupees one lakh two thousand four hundred and sixty-five) paid to Smti. Sheikh Moushomiara Begum (a non sanctioned teacher).

ii) The reason that the salary of the petitioner was not released is due to the pendency of the Court Case.

iii) The number of sanctioned posts in the Konarchar Girls SSA UP School are 3 (three) posts and the names of the 3 (three) teachers who are appointed in the sanctioned posts with the date of appointment by SMC and duly approved by Jt. DMC is mentioned below: -

                  Name of the Date               of       Date         of Date of
              SL sanction teachers. Appointment           Appointment     approval
              No.                        By     the       by the Jt. DMC
                                     SMC
              1   Saimul      Islam, 26.03.2010           01.04.2010        13.12.2016
                  Head Teacher.
              2   Zakir     Hussain, 26.03.2010           01.04.2010        13.12.2016
                  Science Teachers
              3   Rezabul Hoque, 26.03.2010               01.04.2010        13.12.2016
                  Asstt. Teacher

Finally it may be mentioned that the payment of Rs.

1,02,465/- (Rupees one lakh two thousand four hundred and sixty- five) paid to the personal account of Smti. Sheikh Moushomiara Begum, who is a non sanctioned teacher by the then Jt. DMC, Dadenggre, Smti. Ella Begum Laskar is not appropriate and recoverable from the concerned officer as per the official instruction issued by the State Government, Education Department vide letter No. EDN/CC/2017/76, Dtd. 16.01.2020 (Copy enclosed as Annexure 'M' typed copy and 'N' Original)."

3. In view of the findings as recorded, this Court as also the parties present

accepts the same. As recorded therein, a payment of Rs.1,02,465/- (Rupees one

lakh, two thousand, four hundred and sixty-five) only had been paid to the

personal account of one Smti. Sheikh Moushomiara Begum, a non-sanctioned

teacher by the then Joint District Mission Coordinator (DMC), Dadenggre,

Smti. Ella Begum Lasker. It appears, as per official instructions issued by the

State Government, Education Department dated 16-01-2022, which is also

enclosed in the said enquiry report as Annexure 'M' and 'N', in such instances,

the amount so paid shall be recovered from the said official.

4. Accordingly, it is directed that as per Government directives, the amount

shall be recovered from the said official namely, Smti. Ella Begum Lasker, the

then Joint District Mission Coordinator (DMC), Dadenggre. The terms of

recovery however, shall be set by the State Project Director.

5. In view of these facts as placed, nothing remains in the matter and

petition is accordingly disposed of. Needless to add, the pending salary of the

petitioner, as admissible, is to be paid at the earliest.

JUDGE

Meghalaya 25.05.2022 "Samantha PS"