ORDER

11-11-2022 Heard Mr. J. Patowary, learned counsel for the petitioner and Mr. S.M.T. Chistie, learned Standing counsel, Secondary Education Department of the State for the respondent Nos. 1, 2 & 3.

Petitioner was serving as an Assistant Teacher in Pub-Nambarbhag Balika Vidyamandir High School. By order under No. GB-EST/Apptt/FP/1/2017/327 dated 02.03.2021, the Director of Secondary Education, Assam allowed him to hold the charge of the Headmaster of said school along with financial power to draw and disburse of the salary etc. of the staff of said school in addition to his normal duties as an Assistant Teacher under FR 49 (C) as the erstwhile Headmaster-in-Charge of said school was relieved.

During the tenure as Headmaster-in-Charge of said Pub-Nambarbhag Balika Vidyamandir High School prior to its amalgamation with Gobaradal Milan High School, District-Nalbari, it was alleged that the petitioner without following the relevant rules demolished an old building/structure of said Pub- Nambarbhag Balika Vidyamandir High School without any authority of law for which the Inspector of Schools, Nalbari District Circle, Nalbari issued him a Show cause notice under No. IS/NDC/EST-

3/Susp/2021/2/2435 dated 30.06.2022 to which the petitioner replied on 04.07.2022.

By order dated 19.10.2022, the Inspector of Schools, Nalbari District Circle, Nalbari in the said disciplinary proceeding initiated against the petitioner where the show cause notice was issued to him on 30.06.2022, finding his reply dated 04.07.2022 as unsatisfactory, directed for deduction of one annual increment from the monthly salary since October, 2022 of the petitioner for violation of Rule 12 of the Assam Civil Services (Conduct) Rules, 1965 read with Article 311 of the Constitution of India and Rule 21 of the Assam Services (Pension) Rules, 1969 as per the penalties prescribed in Rule 7 of the Assam Services (Discipline and Appeal) Rules 1964 based on the charge(s) as specified.

Being aggrieved with the same, the petitioner has preferred this writ petition stating that the old building/structure of said Pub-Nambarbhag Balika Vidyamandir High School had to be removed as it was in dilapidated condition and for that the School Management and Development Committee adopted a resolution and further the impugned action of the deduction of one annual increment being not in conformity with law, should be set aside and quashed.

Rule 15 of the Assam Services (Discipline and Appeal) Rules, 1964, a statutory Rule under Article 309 of the Constitution of India provides for an appeal against such order of imposing penalty upon a Government Employee of the State as specified in Rule 7 whereas the withholding of increment comes under the provisions of Rule 7 (ii) of said 1964 Rules.

In view of the above, instead of interfering with the said order dated 19.10.2022 passed by the Inspector of Schools, Nalbari District Circle, Nalbari, the petitioner is directed to prefer a statutory appeal before the appropriate authority under Rule 15 of the Assam Services (Disciplinary Appeal)

Rules, 1964 as per law.

With the above observation and direction, this writ petition stands disposed of.

JUDGE Comparing Assistant