Procedural violations and lack of natural justice in disciplinary inquiries invalidate actions against the affected party.

JUDGMENT :

RAJESH MAZUMDAR, J.

Abbas, learned counsel appears for the petitioner and Mr P P Dutta, learned Standing Counsel appears for the respondent. The records of the Disciplinary proceedings have been produced by Mr P P Dutta, learned counsel.

2. This writ petition has been filed by the petitioner assailing the order dated 08.11.2023 passed by the Director of Secondary Education Assam, whereby the respondent authority had cancelled the promotion of the petitioner, and also assailing the enquiry report based on which the order dated 08.11.2023 assailed in this writ petition has been passed and for re-instating the petitioner in the post of Head Master of the High School as a consequential relief of setting aside of the orders aforesaid.

3. The genesis of this writ petition lies on an allegation levelled upon the petitioner that he had manipulated the date of his appointment in his service records for which an enquiry had been initiated against the petitioner. The records with the writ petition reveal that the petitioner had been appointed on 09.10.1990 by the Secretary of the Janata High School, Namsesu and he had accordingly joined the school on 10.10.1990. The school came to be provincialized in the year 1991 and after provincialization of the services of the petitioner, along with other staff of the school, the Inspector of Schools, Jorhat District Circle, Jorhat vide order dated 30.05.1992 approved the appointments given earlier by the School Managing Committee.

4. Accordingly, the service record of the petitioner had been initiated by the Joint Director Secondary Education Assam. The allegation leveled is that against the name of the petitioner in the service record maintained by the school, the date of appointment of the petitioner was shown as 05.02.1991 and there is a hand-written correction made to the effect that the date of appointment was of 10.10.1991. The record produced with the writ petition does not reflect any overwriting but shows that the date of 10.10.1990 has been written next to the date 05.02.1991. The services of the petitioner and other serving teachers in the acquaintance was confirmed by the Inspector of School on 1st of October, 2008. The petitioner, thereafter, had been promoted to the post of Head Master of the Janata High School by the order dated 5th August, 2017.

5. On 06.09.2018, the petitioner was required to submit as satisfactory written explanation on complaints received by the Disciplinary Authority, i.e., Director Secondary Education Assam. Complaints were received that the petitioner had manipulated the records of his date of joining and submitted the same at the time of selection of Head Master during the year 2015-16 and had got selected or appointed as regular Head Master of the Janata High School. The petitioner was thereafter summoned to appear for a hearing on 30.11.2018. On another hearing held on 30.01.2019, the original service book in respect of one Mahendra Nath Dutta, and of the petitioner were seized till disposal of the matter. After holding an enquiry and allowing the petitioner to give his statement in this matter, the order dated 11.09.2020 was passed by the Director of Secondary Education Assam, by which the petitioner was placed under suspension with immediate effect and one Mahendra Nath Dutta was allowed to hold charge of Headmaster of the school.

6. This order was passed recording that the suspension was imposed pending drawal of a departmental proceedings. The petitioner t