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 misap