JUDGMENT AND ORDER :

Achintya Malla Bujor Barua, J.

Heard Sri D.K. Sarma, learned counsel for the petitioner and Sri N Sarma, learned Standing counsel, Education Department, Assam.

2. The petitioner who was appointed and joined on 24.5.2007 as an Assistant Teacher (Music), in Laduguri Anchalik Janajatiya School is aggrieved by the impugned order dated 21.6.2011 issued under the signature of the president/secretary of the managing committee of Laduguri Anchalik Janajatiya School and the Headmaster of the said school. By the said order dated 21.6.2011, it has been provided that the petitioner was connected with some scandal and he did not report back to duty after expiry of the 3 (three) months medical leave. The order provides that the executive committee recognized the petitioner on 19.2.2011 to be morally characterless teacher and accordingly he was asked as to why he would not be discharged from the post of teacher. The petitioner is aggrieved that on the basis of the said order dated 21.6.2011, it has already been construed that he has been discharged from service. It is the contention of the petitioner that the said order dated 21.6.2011 is actually in the nature of a show-cause notice and it cannot be construed to be an order of discharge.

3. A bare perusal of the last sentence in the said order dated 21.6.2011 would go to show that the petitioner was asked as to why he would not be discharged from the post of the teacher, which, prima-facie, satisfies the court that it is actually in the nature of a show-cause notice.

4. In view of the above, if, on the other hand, the order dated 21.6.2011 is construed to be an order of discharge, the relevant consideration would be whether the required procedure under the rules for passing such order had been followed or not. Again, if the order dated 21.6.2011 is construed to be an order of show-cause, the relevant consideration would be whether the required procedure under the Rules as regards the proceeding pursuant to a show cause had been followed and whether the proceeding had been brought to its logical end or not.

5. It is an admitted position of the parties that at the relevant point of time when the impugned order of 21.6.2011 was passed, the concerned Laduguri Anchalik Janajatiya School was a non-government educational institution as defined under Section 2G of the Assam Non-Government Educational Institution (Regulation and Management) Act 2006 (here-in-after referred to as Act 2006). It being so, the case of the petitioner is governed by the said Act of 2006 and the Rules framed thereunder, more particularly, the Assam Non-Government Educational Institution (Regulation and Management Rules) 2007 (hereinafter referred to as Rules 2007). It is noticed that the Rules 2007 is a statutory Rule framed under Section 31(1) of the 2006 Act.

6. Section 15 of the 2006 Act, inter alia, provides that no employee of a non-government educational institution shall be dismissed, removed or reduced in rank or terminated without giving him reasonable opportunity of being heard and without the matter being referred to the Managing Committee for its consideration and approval. Rule 15 of the 2006 Rules is quoted hereunder:

Section 15 - Appointment and Disciplinary matters:

(1) The School authority shall issue appointment letter in the event of any appointment made to any person in regard to its affairs and such appointment letter shall clearly state the terms of appointment, salary and any other conditions of service in respect of such appointment as per Scheme of Management of the institution.

(2) No employee of a non-government educational institution shall be dismissed, removed or reduced in rank or terminated without giving him a reasonable opportunity of being heard and without the matter being referred to the Managing Committee for its consideration and approval;

Provided that the School Authority may suspend an employee with immediate effect without the prior approval of the Managing Committee, if

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