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2001 DIGILAW 139 (JK)

Mushtaq Ahmad Rather v. State

2001-07-16

H.K.SEMA

body2001
1. I have Mr. S. Majeed, Learned Counsel for the petitioner. Heard Mr. Kawoosa, Learned AAG for the State. Notice has been served. However, no objections have been filed. At the out set Mr. Kawoosa, AAG, pray for granting of some time, so as to enable him to file objections. This request has been declined. In view of the facts and the point of law involved in this writ petition, I am of the view that granting more time to the respondents would not be of any help to the respondents case. This petition is admitted to be heard. 2. Petitioner was appointed as a teacher under the Rahbar-e-Taleem Scheme to Govt. Pry. School Gadoora, Ganderbal preceded by the recommendation by the duly constituted Selection Committee. While he was serving as such, he has been dismissed by the impugned order dated 24-11 -2000. The order runs:- "Whereas, Government launched Rehbar-e-Taleem Scheme with the objective of providing teaching staff to the far-flung areas with the active participation of the community:- Whereas, Sh. Mushtaq Ahmad S/O Abdul Samad Rather R/O Gadoora was engaged as Rehabar-e-Taleem on the recommendations of the Village Committee of Village Gadoora by the Zonal Education Officer Ganderbal vide his No. 749 of 2000 dated 17-08-2000 consequent upon approval to the engagement given by the Chief Education Officer, Srinagar and Deputy Commissioner, Srinagar. Whearas, the said Sh. Mushtaq Ahmad, Rahabar-e-Taleem Pry. School Gadoora, Zone Ganderbal was found absent from duty by the Chief Education Officer, Srinagar on his visit to the School on 09-11-2000. Whereas, the said Sh. Mushtaq Ahmad, Rahabar-e-Taleem Teacher, Pry. School Gadoora, has failed to fulfill the contractual obligations case upon him for teaching the student of primary school, Gadoora. Whereas, it is not desirable to continue the said Mustaq Ahmad as Rahbar-e-Taleem in the said school. Now, therefore, the said Sh. Mushtaq Ahmad Rather S/O Abdul Samad Rather R/O Gadoora working as Rehbar-e-Taleem on contract basis, Primary School Gadoora is hereby disengaged with immediate effect. Sd/ Chief Education Officer, Srinagar." 3. From the order it will clearly appear that the service of the petitioner has been done away with on sole ground that he was found absent on 09-11-2000, when the Chief Education Officer, Srinagar visited the school on that day. Sd/ Chief Education Officer, Srinagar." 3. From the order it will clearly appear that the service of the petitioner has been done away with on sole ground that he was found absent on 09-11-2000, when the Chief Education Officer, Srinagar visited the school on that day. Petitioner has annexed the letter dated 27-11-2000 addressed to Zonal Education Officer Ganderbal by the Headmaster Middle School Kujjar, Ganderbal stating that the petitioner was sent on duty to the office of Zonal Education Officer by the Headmaster for confirmation of the school result on 09-11-200, when the Chief Education Officer, Srinagar visited the said school. He has also annexed the letter dated 29-11 -2000, written by Zonal Education Officer, Ganderbal addressed to the Chief Education Officer, Srinagar, stating that the petitioner was sent on duty on 09-11-2000, when the Chief Education Officer, Srinagar visited the school. 4. From the letters as referred above, it will clearly appear that the petitioner was on duty on 09-11-2000, when the Chief Education Officer, Srinagar visited the school on that day. 5. Apart from the facts as adumbrated above, a cursory look of the impugned order quoted above would depict the arbitrary exercise of power is writ large. Seeming absence of one day would invite such a drastic action of the dismissal from service having grave civil consequence without even scant regard for observance of the principle of natural justice. Had he been given an opportunity, he would have explained his position that he was sent on duty. Again the punishment sought to be imposed is utterly disproportionate to the gravity of the alleged offence. It is settled law that punishment must commensurate with the gravity of the offence proved. 6. It must be grasped that public authority vested with power are not only require to act bonafide, honestly and conscientiously, but also require to act justly, fairly and rationally. No court will be a party to such an arbitrary exercise of power. 7. In the result, the impugned order dated: 24-11-2000 is hereby quashed and set-aside. Needless to say that the petitioner is continuing on the post, because of the interim order dated: 03-05-2001 and he shall be allowed to continue till the engagement period expires or the period is extended, as the case may be. He shall also be entitled to full salary and allowances due to him.