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IN THE HIGH COURT OF GAUHATI
Achintya Malla Bujor Barua, J.
Sahidur Rahman - Petitioner
Versus
State of Assam and Ors. - Respondents
W.P.(C) No. 977 of 2012
Decided On : 14-12-2016
Constitution of India – Article 311 (2) – Provisions of the Assam Services (Discipline and Appeal) Rules, 1964 – Learned counsel appearing for respondent – Same capacity in the district – Case of the petitioner is that, he was working as District Project Engineer under the Sarba Sikha Abhhiyaan (SSA), Assam and he was last working in the same capacity in the district of Cachar – It is stated that the petitioner had an unblemished service career for long when he had joined SSA as Junior Engineer – It is the case of the petitioner that while he was working in the Cachar, the petitioner had raised certain objections and allegations against the then Mission Co-ordinator of SSA, Cachar, namely, Shri Nibaran Das, who is impleaded as respondent by name in this writ petition –Held, Clause 6 of the agreement provides that it will be open to either party to terminate this agreement by giving a 30 days notice to other party in writing or by paying one months remuneration in advance in lieu of notice provisions of clause 5 and 6 cannot be interpreted that the Mission Director has unbridled power to terminate the services of employees without their being any reason – Unsatisfactory performance and breach of the terms of agreement which may be reason for termination under Clause-5 requires a subjective satisfaction of the authorities that the performance is unsatisfactory and that there was a breach of the terms of the agreement – In the instant case, nothing has been indicated that there was an unsatisfactory performance of the petitioner or there was a breach of terms of the agreement – Writ petition is disposed.
Achintya Malla Bujor Barua, J.
Heard Mr. M.J. Baruah, learned counsel for the petitioner and Mr. S. Sarma, learned counsel appearing for respondent Nos.2 and 3. Also heard Mr. G. Sarma, learned counsel appearing for respondent No.1. None appears for respondent No.4, although by the office note dated 2.03.2013 notice upon respondent No.3 had been duly served.
2. The case of the petitioner is that, he was working as District Project Engineer under the Sarba Sikha Abhhiyaan (SSA), Assam and he was last working in the same capacity in the district of Cachar. It is stated that the petitioner had an unblemished service career for long 14 years since 2002 when he had joined SSA as Junior Engineer. It is the case of the petitioner that while he was working in the Cachar, the petitioner had raised certain objections and allegations against the then Mission Co-ordinator of SSA, Cachar, namely, Shri Nibaran Das, who is impleaded as respondent No.4 by name in this writ petition.
3. Consequent to raising such serious allegations and objections against the respondent No.4, the said respondent No.4 started threatening the petitioner of implicating him in false and serious cases by stating that the said Mission Director SSA had good relation with the Mission Coordinator of SSA.
4. It is the case of the petitioner that by the order dated 18.01.2012 of the Mission Director, SSA Assam, which is annexed as Annexure-4 to the writ petition, Shri Kabiluddin Ahmed, Assistant Inspector of Schools and I/c District Elementary Education, Assam Officer at Cachar was allowed to take over charge of the District Coordinator, SSA Cachar from the respondent No.4 Shri Nibaran Das with immediate effect. In the note of the said order, it has been clearly stated that the respondent No.4 Nibaran Das is requested to hand over charge of the District Mission Coordinator, SSA Cachar to Shri Kabiluddin Ahmed immediately. It is also provided that Shri Kabiluddin Ahmed is directed to take over charge of the District Coordinator, SSA Assam from the respondent No.4 Shri Nibaran Das immediately until further order.
5. It is the case of the petitioner that in spite of the order dated 18.01.2012 requiring the respondent No.4 to hand over charge of the District Mission Coordinator with immediate effect, the said respondent No.4 had filed an ejahar bearing No.DMC/SSA/Disc.Action/2012/6056 dated 06.02.2012 before the Officer-In-charge of Silchar Sadar Police Station inter-alia raising certain allegations against the petitioner. One of the allegations made in the ejahar was that during the year 2011-2012 a number of schools have been allowed by him without having any agreement with the District Mission Coordinator for his vested interest which may create a lot of problem from the financial point of view of building grants etc. It has also been alleged that the petitioner had directed completion of survey of some school buildings without they are being actually constructed.
6. Subsequent thereto, by the impugned order No.SSA/CW/GM/Cachar/2003/01/514 dated 18.02.2012 under the signature of the Mission Director, SSA, service of the petitioner was terminated with immediate effect by stating it to be as per Clause-5 and 6 of the agreement. Being aggrieved, by the said impugned order of termination from service dated 18.02.2012, the petitioner prefers this writ petition.
7. Mr. S. Sarma, learned counsel appearing for respondent Nos.2 and 3 by referring to the affidavit-in-opposition filed on behalf of the respondent Nos.2 and 3 dated 26.07.2013 states that service condition of the petitioner is governed by a set of rules, namely, SSA Mission, SSA Rules and Financial Rules, 2003. As per the said rules, employees engaged by the SSA, Assam are required to enter into an agreement with the employees of SSA, Assam and under the said rules, there is no provision for promotion of junior engineer to the post of District Project Engineer. It was stated that the petitioner during his
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