Meghalaya High Court
Shri Liodrekshon Nongsiang vs State Of Meghalaya And Ors on 6 October, 2015
Author: Sr Sen
Bench: Sr Sen
IN THE HIGH COURT OF MEGHALAYA
SHILLONG
Writ Petition No.362 of 2012
Shri Liodrekshon Nongsiang
S/o R Diengngan,
R/o Pyndengrit,
BPO Riangdo
West Khasi Hills District,
Meghalaya.
... Petitioner
-Versus-
1. State of Meghalaya
Represented by Chief Secretary,
Government of Meghalaya,
East Khasi Hills District,
Meghalaya, Shillong.
2. Commissioner & Secretary
Education Department,
Government of Meghalaya,
Shillong-1.
3. The Director of Education & Literacy
Meghalaya Shillong.
4. The Additional Director of
School Education & Literacy,
Meghalaya, Shillong.
5. The District School Education Officer,
Nongstoin, West Khasi Hills District,
Meghalaya.
6. The Sub-Divisional School Education
Officer, Nongstoin, West Khasi Hills District,
Meghalaya.
7. The President,
Managing Committee,
Pdengshnong Japung LP Schoool,
West Khasi Hills District,
Meghalaya.
8. The President
Managing Committee Nongthymmai,
LP School, BPO Riangdo,
West Khasi Hills District,
Meghalaya.
... Respondents
Page 1 of 20
BEFORE THE HON'BLE MR JUSTICE SR SEN For the Petitioner : Mr. P Dey, Advocate For the respondent : Mr ND Chullai, Sr. GA Mrs NG Shyllai, GA Date of hearing : 06.10.2015 Date of Judgment and Order : 06.10.2015 JUDGMENT AND ORDER(ORAL) The petitioner's case in a nut shell is :-
" The case of your petitioner is that upon a specific recommendation of the concerned Managing Committee of Pdengshnong, Japung LP School, your petitioner's appointment as an Assistant Teacher of the said School was duly approved by the Respondent No.5 - Deputy Inspector of Schools, West Khasi Hills District in term of Order dated 06.02.1995. The school wherein you petitioner has been appointed and is serving in a non-Government Aided Primary Single Teacher School, inter-alia vide Notification dated 30.05.1996, a stipulation is made that the Head Teacher shall function as the Secretary of the School Managing Committee, save and except in a minority school. Your petitioner has duly accrued as a matter of right to be appointed as the Secretary of the School Managing Committee.
With the advent of the New Managing Committee which was constituted to the exclusion of your Petitioner contrary to the Notification dated 30.05.1996 followed with the appointment of a stranger as the Secretary of the School Managing Committee. Your petitioner was compelled to approach this Hon'ble Court for non-release of his salary and denial of his appointment as the Secretary of the School Managing Committee as prescribed.
This Hon'ble Court was pleased to address the grievances of your petitioner by way of a Judgment and order dated 31.03.2010 passed in WP(C)No.277 (SH) of 2008, wherein while directing for payment of Page 2 of 20 salaries has also directed for appointment of your petitioner as the Secretary of the Managing Committee of Pdengshnong Japung LP School. Compliance of the aforesaid Judgment and Order was duly made by the respondent authorities vide order dated 01.06.2010.
Consequent thereof, your petitioner is in receipt of his salaries upto the month of July, 2010 as well as his continuation as the Secretary of the School Managing Committee as prescribed by the Notification prescribed by the Government. However, since August, 2010, and even as on date your petitioner was denied of his salaries. Upon Inquiry from the office of the respondent No.5, your petitioner was assured that his salaries would be duly sanctioned and paid in due course of time. Patiently, with a legitimate expectation that the salaries is forthcoming, your petitioner with a bonafide belief, anticipated the release of his dues until his good faith was shattered with a Notice in the Daily Vernacular Newspaper 'Mawphor' dated 22.02.2011, wherein, it was averred or rather declared the petitioner to be an employee being absent without leave with effect from 01.06.2008 and until that date of publication and thereby directing your petitioner to report within 20 days of issuance of that notice.
Upon his knowledge through the Newspaper Notice seeking termination of his services, he approached respondent No.5 and was verbally informed that his service was transferred to another school, which is not otherwise prescribed in the Law and Rules envisaged therein. Your petitioner ventilated his grievances by way of a representation dated 03.03.2011 and again forwarded a request for disposal of his grievances by way of a letter dated 15.06.2011.
That upon the notice issued in the newspaper, albeit, he continued with his services diligently, correspondence was made with authority concerned (respondent No.5), none forthcoming. Shocked and surprised to have recently received a communication dated 18.02.2011, by post, only to the effect of reiterating the Newspaper report, strange enough being addressed as a teacher of school which your petitioner has never been appointed and neither is it permissible to do so nor can a teacher of a private non Government Aided School to be effected as such. Being aggrieved the petitioner filed a writ petition bearing No. WP(C)No.218 of 2011 and thereafter on Page 3 of 20 22.12.2011 the petitioner's counsel withdrawn the case and the Hon'ble High Court vide its order dated 22.12.2011 allowed the withdrawal with a liberty to file afresh, thereafter, the petitioner came to know from his lawyer that his services has been terminated and as such, your petitioner approached the respondent No.6 with a letter dated 19.11.2012 for supply copy of the termination order as well as transfer order and the termination order was received by the petitioner on 20.11.2012, but transfer order was not supply by the respondent No.6, hence this instant writ petition."
2. Mr P Dey, learned counsel appearing for and on behalf of the petitioner submits that petitioner was attending his duty regularly and catering services to the student community but for reasons best known to the respondents all of a sudden a paper publication was made that he abandoned his service. Therefore, petitioner approached this court by way of a writ petition bearing No. 277 (SH) 2010, and, the Hon'ble High Court after hearing the parties the Hon'ble High Court was pleased to direct the respondents to pay the salary of the petitioner with effect from the month of June 2008 onwards within a period of two months. The Court also asked the respondent authorities to proceed against the petitioner for his removal from the post of Assistant teacher from the school in accordance with law. Learned counsel submits that as per the direction of the Hon'ble Court, petitioner received the salary till 2010. The contention of the learned counsel for the petitioner is that the petitioner never abandoned his service and that is why the respondents had to pay his salary till 2010.
Learned counsel also contended that without any departmental proceeding the service of the petitioner cannot be terminated, so necessary order may be passed to reinstate him with full benefits.
Page 4 of 203. On the other hand, learned senior counsel for the State Mr ND Chullai, assisted by Mrs NG Shylla, learned GA, submits that it is apparent and clear from the Inquiry Report dated 23.09.2014 by the Deputy Director of School Education and Literacy, that the petitioner had abandoned his service since 2004 and not attending his duty and remained absent without any permission from the authority. As a result, question of reinstating the petitioner in service does not arise.
4. After hearing the submissions advanced by the learned counsels at the Bar, and after going through the petition and specifically the Inquiry Report, it is amply clear that the petitioner had served the school till 2004 and thereafter he remained absent.
It is also mentioned in the conclusion of the Inquiry Report that the documents which petitioner furnished before the Inquiry Officer pertaining to his attendance w.e.f. 1.6.2008 are found to be false.
5. It is worth mentioning that at the initiative of the petitioner the Inquiry was ordered to find the actual position of the attendance of the petitioner. The Inquiry Report is reproduced herein below for ready reference:-
" Inquiry Report on the termination of Shri Liodrickshon Nongsiang as teacher of Nongthymmai LPS under the jurisdiction of Sub Divisional School Education Officer, Nongstoin West Khasi Hills District.
In pursuance to Order No.DSEL/EL/GB/CC/1/2010/323 dated 22/8/2014 from the Director of Schools Education and Literacy, Meghalaya, Shillong, the work of scrutiny of the relevant documents connected with Writ Petition No. WP(C)362/2012 and the Court Order dated 7.8.2014 was examined including the officials, Members of the School Authority and Village Durbar of the concerned Page 5 of 20 school and village. The detail account of the Inquiry is given below:
1. Background of the Case:
As per records available the petitioner Shri Liodrickshon Nongsiang was appointed as a teacher of Pdengshnong, Japung LP School with effect from the year 1995. It appears that during the period from 1995 to 2008 the above teacher was not performing his duties regularly. The Managing Committee of the school due to the irregularity of the above teacher in attending his duty withheld his salary. The above teacher during the year 2008 filed the court case in the High Court and the Hon'ble High Court ordered that the salary of the above teacher be released. However, the same thing happened as the Managing Committee of Pdengdhnong Japung LP School submitted their complaints to the Office of the Deputy Inspector of Schools/Sub-Divisional School Education Officer, Nongstoin that Shri Liodrickshon Nongsiang failed to attend his duties and as such his salary was withheld again. The Managing Committee of the above school also proposed to the Sub Divisional School Education Officer, Nongstoin that the above teacher be transferred to another school and another teacher be appointed in his place. Later the Office of the Sub-Divisional School Education Officer, Nongstoin issued a transfer Order No. DIN/PE/APPT-7/2010-11/879-82 dated 27th July, 2010 transferring Shri Liodrickshon Nongsiang from Pdengshnong Japung LP School to Nongthymmai (Tynghor)LP School and Shri Pius Jahnoh from Nongthymmai LP School to Pdengshnong Japung LP School. Shri Pius Jahnoh joined the Pdengshnong Japung LP School on 29th July, 2010 whereas Shri Liodrickshon Nongsiang failed to join at Nongthymmai LP School as he said that he never received the Transfer Order. During the year 2011, the Office of Sub- Divisional School Education Officer, Nongstoin issued one Show Cause Notice vide letter No. DIN/PE/APPT-7/2010-11/6918-21 dated 18th February, 2011 informing Shri Liodrickshon Nongsiang teacher of Nongthymmai LP School of his unauthorized absence from the above school w.e.f. 1.6.2008. The above teacher was also directed to report for duty within 20 days from the date of issue of the above letter. The above Notice was also sent to the Editor of the local daily (U Mawphor) for publication. A copy of the above Notice was also sent by registered post to the Home Address of Shri Liodrickshon Nongsiang.
Due to the failure of Shri Liodrickshon Nongsiang to reply to the above Show Cause Notice Page 6 of 20 and as reported by the School authority of Nongthymmai LP School that the above teacher failed to join in the above school the Office of the Sub-Divisional School Education Officer, Nongstoin issued any Order No.DIN/PE/APPT-7/2010- th 11/1655-57 dated 26 July 2011 terminating the service of Shri Liodrickshon Nongsiang w.e.f. 1.8.2011.
2.Order of the Hon'ble High Court:
As per Court Order dated 7.8.2014 an inquiry is to be conducted regarding the following issues Viz -
1. The school attendance of Shri Liodrickshon Nongsiang 2. To examine whether the petitioner was removed from service after following the proper procedure and 3. The inquiry should be completed within 45 days.
3.Action taken:
Notice to all parties during the Inquiry was issued vide letter No. DSEL/GB/CC/1/2010/324 dated 28th August, 2014 and the date of Hearing was fixed on 9th September, 2014 at 11:30 am in Shillong. Another date for hearing was also held on 19th September, 2014 at Nongstoin.
4. Report of the Inquiry:
As notified, the following persons appeared before the Inquiry Officer :-
1. Shri P.C. Das, Sub-Divisional School Education Officer, Nongstoin.
2. Shri R.G. Momin, S.I. of School, Nongstoin.
3. Shri Kyrpangstone Sohshang, President Managing Committee, Pdengshnong Japung LP School and Headman, Nongpdeng N Village.
4. Shri T Khardewsaw, Secretary Managing Committee, Pdengshnong Japung LP School.
5. Shri Dringshon Marwein, President Managing Committee, Nongthymmai LP School.
6. Shri Fullmingstar Thongni, Secretary Managing Committee, Nongthymmai LP School.
7. Shri Liodrickshon Nongsiang, Petitioner.
5. Recording of Statement:
The Presenting Officer Shri PC Das, Sub- Divisional School Education Officer, Nongstoin accompanied by Shri RG Momin, SI of Schools, Nongstoin appeared before the Inquiry Officer along with relevant documents related with the case. The Statement of the Presenting Officer was recorded and the Inspection Report on Pdengshnong Japung LP School made by Shri RG Momin, SI of Schools, Nongstoin was also submitted.
STATEMENT OF SHRI PC DAS, SUB-DIVISIONA SCHOOL EDUCATION OFFICER, NONGSTOIN, WEST KHASI HILLS DISTRICT RELATED WITH HIGH COURT ORDER 7-8-2014 IN WP(C)No.362 OF 2012.Page 7 of 20
Shri PC Das give the following statement related with the case of termination of Shri Loidrekshon Nongsiang.
1. That Shri Liodrekshon Nongsiang has never attended his duty regular as a teacher of Pdengshong Japung LPS. This was reported by the Managing Committee and the village Dorbar of Nongpdeng- N.
2. That as per record available in the office, the salary of Shri Liodrekshon Nongsiang was withheld as he was irregular and failed to perform his duty as a teacher.
3. That during the year 2010-11 he filed a Court Case to claim for his salary without working for a single day, which he won due to insufficient documents maintained by the school authority.
4. That the Managing Committee of Pdengshnong Japung LPS being fed up with the attitude of Liodrekshon Nongsiang proposed to the Office of the Deputy Inspector of Schools/Sub-Divisional School Education Officer, Nongstoin to transfer the above teacher to the other school and replaced by another teacher.
5. That as requested by both the Managing Committee of Pdengshnong Japung LPS and Nongthymmai LPS, Shri Liodrekshon Nongsiang was transferred to Nongthymmai(Tynghor) LP School. The transfer order was issued to him but he always claimed that he never got the order.
6. That due to the willful disobedience insubordination, failure on the part of Shri. Liodreckshon Nongsiang to perform and attend his duties as well as in following the instruction from the higher authority vide No. DEME/GA/EG/Misc/7/99/640-A dated 20th May 1999, a show cause notice was issued and publish in the local daily which Shri Liodrekshon Nongsiang has duly received by post.
7. That due to the failure of Shir Liodrekshon Nongsiang to respond to the Notice issued to him within 20 days and his whereabout was not known, the Office of the Sub-Divisional School Education Officer, Nongstoin after considering the pros and cons of the matter Page 8 of 20 issued a termination order No.DIN/PE/APPT-
7/2009-10/1655-57 Dt 26-7-2011.
Sd/-
(Shri P.C.Das) SDSEO, Nongstoin Dated Nongstoin, The 19th September,2014 STATEMENT OF SHRI KYRPANG STONE SOHSHANG, HEADMAN, NONGPDENG - N AND PRESIDENT MANAGING COMMITTEE OF PEDNGSHNONG JAPUNG LP SCHOOL RELATED WITH THE COURT ORDER DT 7-8-2014 Shri Kyrpang Stone Sohshang give the following facts related with the above Court Case:-
1. That Shri Liodrekshon Nongsiang is no longer the teacher of Pdengshnong Japung LPS with effect from August 2010 till date as he was already transferred to Nongthymmai (Tynghor)LPS Vide Order No.DIN/PE/APPT-7/2010-11/879-82 dated 27th July 2010.
2. That with effect from 29th July 2010, Shri Pius Jahnoh a teacher of Nongthymmai LP School joined Pdengshnong Japung LP School on transfer.
3. That on the date of inspection of Pdengshnong Japung LP school by the SI of schools Shri RG Momin, I have reported to him that Shri Liodrickshon Nongsiang is no longer serving in the school as he was transferred and has remained absent since six years ago. Now the school is running well.
4. That he also stated that any letters or signature from the village authority of Nongpdeng N should not be accepted as I am the only authorized person as per Sanad issued by the Syiem of Nongstoin.
5. That he also submitted the attendance of the teacher of Pdengshnong Japung LP School Shri Pius Jahnoh against the claim of Shri Liodrickshon Nongsiang that he is still a teacher of Pdengshnong Japung LP School duly sealed and signed by the Headman of Nongpdeng-N village.
Sd/-
(Shri Kyrpang Stone Sohshang) Page 9 of 20 Headman,Nongpdeng-N village Dated Nongstoin The 19th September, 2014 STATEMENT OF SHRI DRINGSHON MARWEIN CHAIRMAN/PRESIDENT MANAGING COMMITTEE OF NONGTHYMMAI(TYNGHOR)LPS RELATED WITH THE TERMINATION CASE OF SHRI LIODREKSHON NONGSIANG.
I Shri Dringshon Marwein, President of the Managing Committee of Nongthymmai (Tynghor)LPS state the following facts:-
1. That Shri Liodrekshon Nongsiang after the Transfer Order was issued refused to join in Nongthymmai (Tynghor)LPS till date.
2. That after Shri Pius Jahnoh was released to join as a teacher of Pdengshnong Japung LPS, the school children of Nongthymmai village were at a great loss in respect of their educational rights as no teacher is present to look after them.
3. That due to the refusal of Shri Liodrekshon Nongsiang to join at Nongthymmai (Tynghor)LPS, the village authority have requested the Office of the Sub Divisional School Education Officer, Nongstoin to appoint a temporary teacher to look after the school affairs at Nongthymmai LP School.
I affirm herewith with my signature and seal.
Sd/-
(ShriDringshonMarwein) President Managing Committee Nongthymmai LPS.
Dated Nongstoin The 19th September,2014 STATEMENT OF SHRI LIODRIKSHON NONGSIANG S/O R DIENGNGAN, R/O PYNDENGKIRIT, BPO RIANGDO WEST KHASI HILLS DISTRICT RELATED WITH HIGH COURT ORDER DTD 7.8.2014 IN WP(C)No.362 of 2012 Shri Liodrikshon Nongsiang do solemnly state the following facts:-
Page 10 of 201. That he was appointed as a teacher of Pdengshnong Japung LPS vide order No.DIN/APV-33/94-95/149-338 dt 6th February, 1995 (enclosed as Annexure -
I) and joined the post on 8th February, 1995. I attended school on foot from my village Pyndengkirit to Pdengshnong Japung which takes about 1(one) hour more or less.
2. That during the year 1995 to 2002, he has performed his duty regularly and received his salary once in a quarter.
3. That the allegation that he has engaged a proxy teacher was not true. During his absence on official works to the office of the Sub Divisional School Education Officer, Nongstoin and to attend some training, he has engaged Smt. Akhansi Sohshang to help him in the school so as the school should not remain closed. He paid Rs.1000/- (Rupees one thousand) per month from his own salary.
4. That during the year 2008 his salary was withheld on the ground of complaint made by the village people of Pdengshnong Japung that he never attended his duty as a teacher. He has tried to get a copy of the complaint but it was never issued to him.
5. That as his salary was not released by the office for more than six months, he has no option but to approach the Court of Law. The Honourable High Court vide its judgment and order dated 31.03.2010 passed in WP(C)No.277(SH)2008 directed the office of the Sub Divisional School Education Officer, Nongstoin to appoint him as Secretary of the Managing Committee of Pdengshnong Japung LPS and also to release his pending salary w.e.f. 01.06.2008 to February, 2010 amounting to Rs. 2,50,682/- (Rupees Two Lakhs, Fifty thousand, Six hundred and Eighty two). He also submitted Letter dated 02.06.2010 and Statement enclosed as Annexure II. During the above period he continued to serve as the teacher of Pdengshnong Japung LPS.
6. That after his salary was released by the Office of the Sub Divisional School Education Officer, Nongstoin, he was again informed on Inquiry from the office that his salary was being withheld due to the fact that his service was transferred to another school. He tried to get the transfer order but it was not issued to Page 11 of 20 him. He also went to the bank to know about the position of his salary but was again informed that he has been transferred to Nongthymmai (Tynghor) LP School. Meanwhile he continued to serve in Pdengshnong Japung LPS till date. He submitted the attendance register to support his claim (copy enclosed as Annexure -III).
7. That during the month of February, 2011, he learnt from the newspaper that he has been issued with a Show Cause Notice vide letter dated 18.02.2011 (copy enclosed as Annexure-IV) that he has remained absent as teacher of Nongthymmai LP School without permission from 01.06.2008 with a direction to report for duty within 20 days from the date of issue of Notice failing which his service shall stand terminated. Later he has received the Notice by post.
8. That on receiving the Notice, he has again approached the office of the Sub Divisional School Education Officer, Nongstoin to issue a transfer order but he was told that it has been sent by post which he never receive till date. As such he continued to serve in Pdengshnong Japung LPS.
9. That in reply to the Notice for his unauthorized absence from duty he has submitted his representation dated 03.03.2011 (copy enclosed as Annexure- V) addressed to the Deputy Inspector of Schools/Sub Divisional School Education Office, Nongstoin but his grievances was not complied.
10. That since he did not get a copy of the Transfer Order and Termination Order, he has approached the Sub Divisional School Education Officer, Nongstoin vide letter dated 19.11.2012(copy enclosed as Annexure- VI) to supply a copy of the above Orders. But unfortunately, he never received till date. On the above stated facts, he has Page 12 of 20 filed the case WP(C) No.362/2012 in the Meghalaya High Court.
Sd/-
(Shri Liodrikshon Nongsiang) S/O R.Diengngan, R/O Pyndengkirit B.P.O.Riangdo,West Khasi Hills District Dated Shillong The 16th September, 2014
6. Findings of the Inquiry:
After scrutinizing the documents available as well as the Statements recorded from the officials, the members of the school authorities i.e. Pdengshnong Japung LPS and Nongthymmai (Tyngkhor) LPS including the petitioner Shri Liodrickshon Nongsiang, the following facts revealed as indicated below:-
1. Attendance of the petitioner : Shri Liodrickshon Nongsiang as per records available appears to be a habitual absentee form his place of work.
As per documents submitted by the Headman, Shri Kyrpangstone Sohshang, the petitioner Shri Liodrickshon Nongsiang never attended his duty since 2004. The matter was discussed in the Village Durbar time and again on 1/5/2004, 2/6/2014, 14/7/2006, 2/1/2007, 18/3/2008 and 25/6/2009. A copy of the resolution of the Village Durbar of Nongpdeng - N is enclosed as Annexure VII.
The discussion in the Village Dorbar of Nongpdeng - N village was also brought to the notice of the D.I of Schools / Sub - Divisional School Education officer, Nongstoin vide letter dt. 14/7/2006 enclosed as Annexure VIII.
During the year 2009 also the case of irregularity of Shri. Lodrickshon Nongsiang was again brought to the Page 13 of 20 notice of the D.I of School / Sub- Divisional School Education Officer, Nongstoin.
In the above two letters, the school authority and the village Dorbar has reported about the long absence of Shri. Liodrickson Nongsiang from his school duty and also regarding the financial irregularities committed by the above teacher such as the provisions and entitlement of School children under Midday meal and SSA Scheme. For this reasons, they have urged for immediate transfer of Shri. Liodrickshon Nongsiang to another School.
On 16th Sept. 2014 when Shri. Liodrickshon Nongsiang appeared before the Inquiry Officer and his statement was recorded. He confidently stated that till date he is still a teacher of Pdengshnong Japung LPS and in support of his claim he submitted the Teacher's Attendance Register w.e.f. February 2010 to September 2014 duly signed by himself and certified, signed & Sealed by Shri. K. Sohshang, Headman and Secretary of Pdengshnong Japung Village. Copy enclosed as Annexure IX.
On Scrutiny of the Attendance Register and enquiry from the present Headman of Nongpdeng -N and Chairman of Pdengshnong Japung LPS he clarified that the Headmanship of Shri. Kekstar Sohshong was cancelled by the Syiem of Nongstoin vide No. NS- 6/A(1)/2010-11/02 dt. 10/9/2010 copy enclosed as Annexure X. It is further clarified vide letter dt. 16/5/2008 and 21/6/2010 copy enclosed as Annexure XI that the name Pdengshong Japung is only the name of the School not a village. All Govt. records such as Census, Electoral Roll and Church matters pertaining to the village where the school is located is known as Nongpdeng - N. The Page 14 of 20 Headman of this village is Shri. Kyrpang Stone Sohshang as per Sanad dt. 24/3/2006. Copy enclosed as Annexure XII. It is also reported that the self-styled Headman of Pdengshnong Japung have already expired during the year 2012.
The Teacher's Attendance Register of Shri. Pius Jahnoh teacher of Pdengshnong Japung LPS produce by the School authority duly authenticated by the Headman is also enclosed as Annexure XIII.
It may also be mentioned that Pdengshong Japung LP School was also inspected on 18/9/2014 by the Sub-Inspector of Schools, Nongstoin Shri. R.G. Momin and it was reported by the villagers that Shri. Liodrickshon Nongsiang have never attended duty at Pdengshong Japung LPS since the last 6 years. Inspection Report enclosed as Annexure XIV.
Remarks :- On the above facts and evidences, the claim of Shri. Liodrickshon Nongsiang that he has attended duty at Pdengshnong Japung LPS for the period from Feb. 2010 to Sept. 2014 is completely false and misleading. Therefore, the Attendance Register manufactured by Shri. Liodrickshon Nongsiang may be treated as invalid and illegal.
2. Removal / Termination of Shri. Liodrickshon Nongsiang from Service.
The question of whether the Service of the petitioner was done after following the proper procedure was also examined and the following is the detail report:-
As per statement of the Sub-
Divisional School Education Officer, Nongstoin he stated that due to the long absence and the failure on the Page 15 of 20 part of Shri. Liodrickshon Nongsiang the School authority and the village Dorbar has approached the office that since the above teacher petitioner was not interested to serve at Pdengshong Japung LPS, he may be transferred to another School. As such as requested by both the Managing Committee of Pdengshong Japung LPS and Nongthymmai (Tynghor) LPS, the teacher of the above School was interchanged in the form of a transfer order. Vide No. DIN/PE/APPT-7/2010- 11/878-88, Dt. 27/7/2010.
It is reported that Shri. Pius Jahnoh Asst. teacher of Nongthymmai (Tynghor) LPS joined Pdengshnong Japung LPS on 29/7/2014 whereas Shri Liodrickshon Nongsiang failed to join his new posting.
In his statement Shri Liodrickshon Nongsiang stated that he knew about the transfer order and that when he went to the Bank to enquire about his salary he was told that he has been transferred to Nongthymmai LPS. He tried to get the transfer order but according to his statement, it was new issued to him. Since the petitioner has already knew, it is not wrong to say that the petitioner has willfully disobeyed and ignored the order issued to him by the authority concerned.
Show Cause Notice: In the Statement of Sub-Divisional School Education Officer, Nongstoin Para 6, he stated that due to the willful disobedience, insubordination and failure of Shri Liodrickshon Nongsiang to perform and attend to his duties, the office of the Sub-Divisional School Education Officer, Nongstoin was compelled to issue a Show Cause Notice. Reference also may be made of the instruction and guidance issued by the Director Elementary & Mass Education, Meghalaya, Shillong vide letter No. DEME/GA/EG/MISC/7/99/640A.
Dated 20/5/1999. (Enclosed as Annexure XV). The above letter clearly said that drastic action should be taken to indiscipline teacher especially Page 16 of 20 to those who are not performing their duties and remain absent for a long period which is detrimental to the education of School children. As suggested by the above letter a show cause notice was issued to Shri Liodrickshon Nongsiang vide letter No. DIN/PE/APPT-7/2010-11/6918-21, Dt. 18/2/2011 regarding his unauthorized absence from School w.e.f. 1.6.2008 till Feb 2011 with a direction to report for duty within 20 days failing which his service shall stand terminated. The above Show Cause Notice was also sent to the local Daily (U Mawphor) to publish the above notice (copy enclosed as Annexure XVI) In his Statement at Para 7 Shri Liodrickshon Nongsiang said that he came to know the Show Cause Notice from the Newspaper and later received by post at his home address. However, it is surprising to note that Shri Liodrickshon Nongsiang the petitioner instead of responding to the above Notice, he tried to find fault and failed to submit his reply within the date line fixed by the above Office. Due to the failure of the petitioner Shri Liodrickson Nongsiang, to comply to above show cause notice which has clearly mentioned the proposed action to be taken. As such his service was terminated vide order No. DIN/PE/APPT-7/2010-11/1655-57, Dt.26/7/2011 (copy enclosed as Annexure XVII).
In this regard, it may be mentioned that since the Show Cause Notice has been received by the Petitioner Shri Liodrickshon Nongsiang, he has willfully disobeyed the order, the procedure of natural justice has been complied with by the office of the Sub- Divisional School Education Officer, Nongstoin.
Secondly, the letter dt.20/5/1999 from the Director Elementary & Mass Education has clearly instructed that if the absconding/delinquent teacher resume duty with an explanation, disciplinary action may be initiated. However, since the Petitioner, Shri Liodrickshon Nongsiang, failed to comply and respond to the Show Cause Notice either by submitting his Page 17 of 20 explanation or join in the School where he was transferred, the termination order issued to Shri Liodrickshon Nongsiang, the petitioner is justified and in order Conclusion : it is observed that some teachers including the Petitioner Shri Liodrickshon Nongsiang, are staying away from their duties and work place by taking advantage of the innocent villagers especially in remote areas which is rampant in the state and has deprived the right of children to education which ultimately leads to high drop-out rate at the primary level.
It may also be mentioned that the Right of Children to Free and Compulsory Education Act 2009 in Section 24 clearly mandated the duties of teachers as below:-
(1) A teacher appointed under Sub-
section (1) of Section 23 shall perform the following duties namely:
(a) Maintain regularity and
punctuality in attending
school;
(b) Conduct and Complete the
curriculum in accordance
with the provisions of sub-
section(2) of section 29;
(c) Complete entire curriculum within the specified time;
(d) Assess the learning ability of each child and accordingly supplement additional instructions, if any, as required;
(e) Hold regular meeting with parents and guardians and apprise them about the regularity in attendance, ability to learn, progress made in learning and any other relevant information about the child; and
(f) Perform such other duties as may be prescribed.
(2) A teacher committing default in performance of duties specified in sub-section (1) shall be liable to disciplinary action under the service rules applicable to him or her.
Provided that before taking such disciplinary action, reasonable Page 18 of 20 opportunity of being heard shall be afforded to such teacher.
In conclusion and as directed by the Hon'ble High Court of Meghalaya, the Attendance of Shri. Lopdrickshon Nongsiang, Petitioner in Pdengshnong Japung LP School w.e.f. 1.6.2008 till date as claimed by him with supporting documents is found to be false. Secondly, as per the Right of Children to Free and Compulsory Education Act 2009 referred above duly notified by the Sate of Government of Meghalaya, the procedure in termination of the Service of the Petitioner Shri Liodrickshon Nongsiang, as detailed above is found justified by following prescribed procedure in place.
Sd/-
(Shri P Ryngksai) Inquiry Officer & Dy Director of School Education &Literacy, Meghalaya, Shillong Dated Shillong, The 23rd September, 2014"
6. After going through the Inquiry Report and after applying my judicial mind, I do not find any reason to record to discard the Inquiry Report. Inquiry Report clearly stated that the petitioner had abandoned his service.
7. Hon'ble Supreme Court in the case of Vijay S.Sathaye versus Indian Airlines Limited and others reported in (2013) 10 SCC 253 at para 12 and 16 was pleased to observe that 'when a person remained absent from duty for a long period without any permission it amounts to abandonment of service'.
8. After taking into consideration the submissions advanced by the learned counsels and Inquiry referred above and the judgment given by Hon'ble Apex Court, I am of the view that in this case also similar principle will apply as petitioner remained absent for a long period without any leave. Therefore, at this stage he cannot claim Page 19 of 20 for departmental proceeding and any other formalities. We must remember that when a person approaches the Court of Equity he must come with clean hands. If the principle of 'equal pay for equal work' applies then in contrary 'if there is no work there should be no pay' and the facts remain also from the Inquiry Report that petitioner has served the school in question till 2004 but he received salary till 2010. He has received an excess amount without doing any work. Therefore, he is directed to repay back the excess amount to the Government within three months.
9. With these observations and directions the instant writ petition stands dismissed and disposed of.
JUDGE dr Page 20 of 20