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Judgment
Heard Mr. A. H. Hazarika, learned counsel for the petitioner as well as Mrs. S.G. Momin, learned counsel for the respondents No. 7 & 8 and
Mr. S. Sen Gupta, learned Addl. Sr. GA for the State.
The brief fact of the petitioner''s case in a nutshell is that:
The Petitioner initially was appointed on contract basis vide Appointment Letter dated 01-03-2010, as a Hindi Teacher in
Manwapara S.S.A U.P. School, and subsequently his service has been duly regularized by the Managing Committee of the School
and approved by the competent authority and since then the Petitioner has been continuing in service and render his best service to
the School with full satisfaction to all concern. The Petitioner also attended number of In- Service Training conducted by the Joint
District Mission Co-Ordinator (S.S.A), Ampati, South West Garo Hills, Meghalaya, and acquired vast knowledge in teaching
learning method and duly qualified to hold the post.
That the Managing Committee of the School on its meeting held on 09-11-2015 at the School premises passed a Resolution
whereby terminating the Petitioner from service for his bad character and in most illegal manner and without authority of law
appointed one Shri Penjing D. Shira, in his place without obtaining prior approval from competent authority and also without affording
any opportunity of being heard before imposing major punishment, i.e. terminating from service and thereafter the Petitioner submitted
a Representation dated 27-01-2016 and also served a legal notice to the Secretary/Managing Committee of the School, with a
humble prayer to consider his case and reinstate him back to service, however, lend a deaf ear and also failed to take any action.
That the Headmaster-cum-Secretary of the School, it seems engaging the Private Respondent who threatened the Petitioner with
dire consequences if he continue in the service as a result of which the Petitioner discontinued to attend the School and performed his
duties.
That the Respondent authority whimsically and in most illegal manner terminated the Petitioner from service without affording any
opportunity of being heard and also violated the fundamental rights of the Petitioner and having no alternate approach before this
Hon''ble High Court with a humble prayer to set aside and quashed the Impugned Resolution/Termination dated 09-11-2015"".
Mr. A.H. Hazarika, learned counsel for the petitioner submits that the petitioner was terminated from service by the Managing Committee of the
School without any cause and without the approval of the Sub-Divisional School Education Officer-cum-Joint District Mission Co-Ordinator,
South West Garo Hills, Ampati. So, necessary directions may be passed.
On the other hand, Mrs. S.G. Momin, learned counsel for the respondents No. 7 & 8 and Mr. S. Sen Gupta, learned Addl. Sr. GA for the
State submit that the petitioner himself has given in writing that he has been terminated because he is having a loose character and had done certain
misconduct and further argued that, if a teacher is having a loose character, it will be a risk to the school authority in protecting the interest of the
students.
After hearing the submissions advanced by the learned counsel for the parties and after going through the Annexure-4 of the writ petition, it
appears that the petitioner has not denied about his misconduct and loose character.
Mr. S. Sen Gupta, learned Addl. Sr. GA also informed the Court that the petitioner was appointed on contractual basis.
After considering the submissions advanced by the learned counsel for the parties and after examining the record, the writ petition is dismissed
and stands disposed of.