Inordinate delay in disciplinary proceedings and lack of adherence to natural justice principles can invalidate dismissal orders, entitling the employee to reinstatement and full salary.

JUDGMENT :

(ROBIN PHUKAN, J.)

Heard Mr. B. Sinha, learned counsel for the petitioner and also heard Mr. P.N. Sarma, learned standing counsel, Education (Elementary) Department, appearing for the respondents.

2. By this common judgment and order it is proposed to dispose of these two writ petitions, being WP(C) No. 1658/2022 and WP(C) No.4026/2023, filed under Article 226 of the Constitution of India , as both are concerning the same parties and the reliefs being sought for are also related to each other.

3. In WP(C) No.1658/2022, the petitioner has prayed for issuing direction to the respondent authorities for refixing his pay scale as Assistant Teacher of L.P. School and also to direct the respondent authorities to disburse and release the monthly salary w.e.f. 15.09.1994 to 13.08.2020 with interest @18% per annum.

3.1. In WP(C) No.4026/2023, the petitioner has prayed for setting aside the order dated 12.05.2023 issued under Memo No.EHA-114/2018/257-A, whereby the petitioner was dismissed from service and also to issue direction to the respondent authorities to treat the period of suspension w.e.f. 15.09.1994 to 13.08.2020 as the petition spent on duty.

Background Facts:-

4. The background facts leading to filing of the present writ petitions are briefly stated as under:-

“The petitioner was appointed as primary school teacher at Rigbi Government L.P. School, Jonai, Dhemaji, in the year 1988. After successful completion of his Basic Training Certificate Course in the year 1989, his service was regularized on 10.01.1990. Thereafter, due to his ailment, the petitioner could not attend his duties since the month of September, 1993 for which he was placed under suspension on 15.09.1994. Thereafter, no disciplinary proceeding was initiated against him and he remained under suspension for a period of almost 25 years.

Being left with no other option, the petitioner approached this Court by filing a writ petition being WP(C) No.825/2016 for reinstatement in his service. Thereafter, hearing both the parties, this Court was pleased to dispose of the same vide order dated 12.12.2018, on the basis of the statement made by the learned Standing Council for the Director of Elementary Education, Assam that as per record the petitioner was never placed under suspension. However, this Court had granted liberty to both the parties to act against each other.

The petitioner then produced the order of this Court dated 12.12.2018, before the respondent authorities on 17.12.2018. But he was not allowed to join his duties. Then the petitioner had filed one application on 16.02.2019 to the Director of Elementary Education, Assam. But the same also failed to evoke any response.

Then, again he approached this Court by filing another writ petition, being WP(C) No.2352/2019 for appropriate relief. The said writ petition was disposed of by this Court by setting aside the suspension order dated 15.09.1994 and directed the respondent authorities to reinstate the petitioner in service.

The Deputy Secretary to the Govt. of Assam, Elementary Education Department, vide letter dated 02.07.2019 under Memo No. AEE(CC) 07/2019/10-A directed the Director of Elementary Education, Assam, to reinstate the petitioner considering the length of his suspension.

Thereafter, on 13.08.2020, the petitioner was reinstated in his original post of Assistant Teacher at Rigbi Government L.P. School, Jonai, Dhemaji. Consequent upon, the petitioner was reinstated on 13.08.2020 as per order dated 13.08.2020 bearing Memo No. EHA-114/2018/175, issued by the Director of Elementary Education. But, vide another letter, dated 13.08.2020, bearing Memo No. EHA-114/2018/176, the Director of Elementary Education, Assam had issued first show cause notice to him. The petitioner had accordingly filed his reply, which was forwarded by the Deputy Inspector of Schools, Jonai on 19.08.2020, vide his letter under Memo No. DIS/JNI/MISC/33/2020, to the Director of Elementary Education, Assam.

Thereafter, the Director o