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2018 Supreme(Megh) 55
IN THE HIGH COURT OF MEGHALAYA
Mohammad Yaqoob Mir, J.
Shri Phlanstar Kharsohnoh - Appellant
Vs.
State of Meghalaya - Respondent
WP(C) No. 104 of 2017
Decided On : 12-07-2018
For the Appellant :R. Kar. Advocate
For the Respondent:Ms. P. Agarwal, GA, Mr. K. Konyak, Advocate
The court emphasized the importance of compliance with rules and regulations in addressing issues related to teacher appointments and disciplinary proceedings.
Headnote:
teacher appointment - Umsawmat L.P. School - NREGA, Conduct Rules - [NREGA, Conduct Rules] - The court addressed the issue of a teacher's appointment at Umsawmat L.P. School and the withholding of salary due to alleged irregularities related to the MGNREGA scheme. The court directed the Managing Committee to take action in accordance with rules, including releasing withheld salary and initiating disciplinary proceedings if necessary.
Fact of the Case:
The petitioner, a teacher, was appointed at Umsawmat L.P. School and faced a complaint regarding alleged irregularities related to the MGNREGA scheme. The petitioner sought to quash the order withholding his salary and requested to resume duty and receive backdated salary.
Finding of the Court:
The court directed the Managing Committee to take action in accordance with rules, including releasing withheld salary and initiating disciplinary proceedings if necessary.
Issues: Withholding of salary, absence from duty, initiation of disciplinary proceedings, compliance with rules and regulations.
Ratio Decidendi: The Managing Committee was directed to take action within specified timeframes and in accordance with applicable rules and regulations.
Final Decision: The court disposed of the case and directed the Managing Committee to release withheld salary, initiate action for absence from duty, and consider disciplinary proceedings if necessary.
JUDGMENT :
Mohammad Yaqoob Mir, J.
The petitioner admittedly was appointed as teacher in Umsawmat L.P. School on 16th February, 1995.
2. It appears that a complaint has been filed against him which was forwarded to the Secretary, Managing Committee Umsawmat Pres L.P. School by the Sub-Divisional School Education Officer, Shillong on 26th June, 2013. The Managing Committee was to submit report within 20 days on two points:
(i) why did the School Managing Committee of Umsawmat Pres LPS allow Shri Phlanstar Kharsahnoh, a Govt. paid teacher to enjoy the MGNREGA Schemes as per muster roll statement attached and
(ii) why did the School Managing Committee observe silence in the matter till date.
3. The said communication further provides that the salary of Shri Phlanstar Kharsahnoh is withheld w.e.f. 01.03.2013 till the case is finalized.
4. It is this letter dated 26th June, 2013 which is sought to be quashed. In the petition petitioner has prayed as follows:
(i) to direct the respondents if any action is proposed against the petitioner the same should be in terms of appropriate Law and Rule framed for the purpose.
(ii) quash the order dated 26-06-2013 vide which the salary of the petitioner is withheld.
(iii) to direct the Managing Committee to allow the petitioner to resume the duty immediately as well as treat the period from August, 2015 onward till date on duty.
(iv) to pass any other order/orders as may be deemed fit and proper.
5. The petitioner has been representing before the respondents but with no response till the year 2016. On 28th June 2016 Under Secretary to the Govt. of Meghalaya, Community & Rural Development Department highlighted that under NREGA anyone can get registered and seek employment. However, against employee for who is alleged to have availed benefit of Scheme, department concerned can proceed against him under conduct Rules.
6. I/c Sub-Divisional School Education Officer, Shillong vide his letter dated 10th August, 2016 addressed to the Deputy Director of School Education & Literacy, Meghalaya, Shillong has forwarded the original explanation furnished by petitioner with a request to release his salary. In response whereof the Joint Director of School Education & Literary, Meghalaya, Shillong vide communication dated 22nd December, 2016, addressed to the Sub-Divisional School Education Officer, Shillong instructed him to inform the School Managing Committee that they may submit resolution of suspension of petitioner with release of subsistence allowance as per rule. The I/c Sub-Divisional School Education Officer, Shillong vide letter dated 16th January, 2017 addressed to the Secretary/President, Managing Committee Umsawmat Pres L.P. School has forwarded the said letter dated 22nd December, 2016 with instructions to pass resolution for suspension of petitioner from service and allow him to draw subsistence allowance as per rule. The Secretary, Managing Committee Umsawmat Pres L.P. School submitted a detailed report to the Sub-Divisional School Education Officer, East Khasi Hills, Shillong dated 8th February, 2017 after referring to the letter, the Secretary of the Managing Committee has requested for issue of guidance on the following points.
(i) What course of action shall the Managing Committee take in respect of his withheld salary w.e.f. 01.03.2013 till 13th August, 2015 ?
(ii) As incumbent has disappeared since 14th August, 2015 till date, is it not appropriate to consider this period as absence without intimation which tantamount to leave without Pay ?
(iii) If subsistence Allowance is to be drawn against his name, from which date is it effective ?
(iv) As per laid down Financial Rules, any penalized incumbent may be allowed Subsistence Allowance @ 50% of the Scale of Pay enjoyed by such incumbent on the date of issue of such suspension. Further, allowance of such incumbent may be enhanced to 75% after a period of 6(six) months. But in this case, the incumbent has been absent for a total of 1 (one) Year, 5(five) Mo
