Ujjal Bhuyan, J.

Heard Mr. A.B. Choudhury, learned Senior counsel, assisted by Mr. M.K. Sharma, learned counsel for the petitioner and Mr. N. Sharma, learned counsel for the Secondary Education Department, Govt. of Assam, for respondent Nos. 1 to 4. Also heard Mr. B. Ullah, respondent No. 6 in person.

2. By filing this petition under Article 226 of the Constitution of India, petitioner seeks quashing of order dated 28.05.2013 passed by the Director of Secondary Education, Assam imposing penalty of recovery of Rs. 1.76 lakhs from the petitioner @ Rs. 3000 per month and after his superannuation, the balance amount from his gratuity.

3. Substantive post of the petitioner was Assistant Teacher in Barni Adhiarpara Saniadi Madrassa Higher Secondary School (School hereinafter). Subsequently, he was made in-charge Principal of the School. The School, in question, is a provincialised school.

4. By order dated 27.09.2012 issued by the Director of Secondary Education, Assam, petitioner was placed under suspension with immediate effect. It was mentioned that a report was received from respondent No.6 as President of the School Management and Development Committee alleging misappropriation of Government grant to the School amounting to Rs. 7 lakhs for the purpose of infrastructure development.

5. On 20.11.2012, show-cause notice was issued by the Director of Secondary Education, Assam as the disciplinary authority to the petitioner under Rule 9 of the Assam Services (Discipline and Appeal) Rules, 1964 (1964 Rules) as to why any of the penalties prescribed in Rule 7(i) to 7(iii) of the 1964 Rules should not be imposed on him on the following charge:

"That while you were Principal, you misappropriated of Govt. money sanctioned amounting to Rs. 2,00,000/- (Two Lakhs) from Minority Development Corporation and Rs. 5,00,000/- (Five Lakhs) construction of class room/school building grant under 12th Finance Commission."

6. Petitioner was called upon to submit written statement and also given liberty for inspection of documents. The show-cause notice was accompanied by a statement of allegation.

7. Petitioner submitted his written statement on 22.11.2012 denying the allegation levelled against him and explaining utilisation of the Government grant in the construction of girls' common room and class-room building.

8. Thereafter, petitioner received notices of hearing on 05.12.2012, 21.12.2012 and 08.05.2013 from the office of the Director of Secondary Education, Assam. According to the petitioner, he attended the hearings on all the three dates.

9. By order dated 06.05.2013 issued by the Director of Secondary Education, Assam, suspension of the petitioner was revoked and he was reinstated in his substantive post of Assistant Teacher in the School.

10. Finally, impugned order dated 28.05.2013 was issued by the Director of Secondary Education, Assam imposing the penalty as above.

11. Aggrieved, present writ petition has been filed.

12. An affidavit has been filed on behalf of the Secondary Education Department, Govt. of Assam. It is stated that while petitioner was serving as in-charge Principal of the School, a report was received from the respondent No.6 alleging misappropriation of two Government grants amounting to Rs.2 lakhs and 5 lakhs respectively meant for construction of girls common room, additional office room and major repairing works of class-rooms. Report of enquiry conducted by Smt. Manisha Cheleng, ACS, Extra-Assistant Commissioner, Karmrup (Rural) was also received. On the basis of such enquiry report, petitioner was placed under suspension on 27.09.2012 where after show-cause notice was issued to the petitioner. Petitioner was also heard by the Director of Secondary Education, Assam on 14.12.2012. Petitioner had spent the entire money provided to the School without approval of the School Management and Development Committee. As per report of the Technical Member of the School Management and Development Committee, there was tot