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2012 DIGILAW 967 (HP)

Pyar Singh v. State of Himachal Pradesh

2012-12-12

RAJIV SHARMA

body2012
JUDGMENT Rajiv Sharma, Judge. Petitioner was appointed Primary Assistant Teacher (hereinafter referred to as P.A.T. for short) in Government Primary School, Kathla vide appointment letter dated 4.11.2006. He submitted his joining on 8.11.2006. The contract was renewed from time to time but respondent No.6 has now refused to renew the agreement for the academic session 2012-2013. Petitioner’s brother has lodged F.I.R. against respondent No.6 bearing F.I.R. No. 15/2011 for offences punishable under sections 420, 406 and 409 of the Indian Penal Code. Respondent No.6 has also lodged F.I.R. against the petitioner bearing F.I.R. No. 31 of 2012 for offences punishable under sections 341, 323, 504, 506 read with sections 147 and 149 of the Indian Penal Code on 27.3.2012 of Police Station, Swarghat. Reason assigned by respondent No.6 for not renewing the agreement is the registration of F.I.R. against the petitioner. 2. The appointment to the post of P.A.T. is regulated under the notification issued on 27.8.2003. According to sub-clause (d) of clause 5, the P.A.T. is recruited initially for a period of one academic session by the respective Gram Panchayat of the area in which the Primary School is located after observing the procedure laid down in Annexure-1 of the scheme. According to sub clause (e) of clause 5, the P.A.T. is to be treated an employee of the Gram Panchayat for all intents and purposes. The Services of the P.A.T. are to be utilized by the Gram Panchayat in the Government Primary School against the vacancy separately allocated for the purpose as per sub-clause (f) of clause 5 of the scheme. According to sub-clause (g) of clause 5, the contract will ordinarily be renewed by the concerned Gram Panchayat for further period unless withheld for the reasons to be recorded in writing in accordance with the conditions of the scheme. According to sub-clause (j) of clause 5 of the scheme, the services of the P.A.T. can be terminated in the following manner: i. “Automatically at the end of term given in the contract of appointment unless renewed in the manner prescribed letter. ii. By the Gram Panchayat without previous notice, if the Gram Panchayat is satisfied on medical evidence before it, that Prathmik Sahayak Adhayapak/Primary Assistant Teacher (PAT) is unfit and is likely to continue unfit for a considerable period by reason of ill health for the discharge of his/her duties. ii. By the Gram Panchayat without previous notice, if the Gram Panchayat is satisfied on medical evidence before it, that Prathmik Sahayak Adhayapak/Primary Assistant Teacher (PAT) is unfit and is likely to continue unfit for a considerable period by reason of ill health for the discharge of his/her duties. Provided always that the decision of the Gram Panchayat that the part of the PAT is likely to continue unfit shall be conclusively binding on the Prathmik Sahayak Adhayapak/Primary Assistant Teacher (PAT) and there upon his/her services shall be terminated. iii. By the Gram Panchayat of its officers having proper authority without any previous notice of being heard, if the Prathmik Sahayak Adhayapak/Primary Assistant Teacher (PAT) is on to be prima-facie quality of any insubordination, intemperance, moral turpitude, unauthorized absence or other misconduct or of any breach or non-performance of the provisions of the scheme, or is otherwise found unsuitable for the efficient performance of his/her duties on the specific recommendation and the report of the authorized officer of Primary Education Department. iv. By one month notice in writing given at any time during service under this agreement either by the Prathmik Sahayak Adhayapak/Primary Assistant Teacher (PAT) to the Gram Panchayat or by the Panchayat authority to the Prathmik Sahayak Adhayapak/Primary Assistant Teacher (PAT). v. Provided that the Gram Panchayat shall pay the Prathmik Sahayak Adhayapak/Primary Assistant Teacher (PAT) one month’s remuneration in lieu of such notice and thereupon his agreement shall stand terminated forthwith.” 3. According to Annexure-I of the scheme, the Gram Panchayat has the right to remove from service the P.A.T. at any stage for reasons to be recorded in writing and with one month’s notice, for breach of condition of contract. It is evident from the scheme that the contract is ordinarily to be renewed by the concerned Gram Panchayat each year and thereafter it is required to be ratified by the Gram Sabha in the next general meeting. The services of the P.A.T. can be terminated by issuing notice by the Gram Panchayat if he is found to be prima-facie guilty of any insubordination, moral turpitude, unauthorized absence or other misconduct or any breach or non-performance of any of the previsions of the scheme, or is otherwise found unsuitable for the efficient performance of his/her duties on the specific recommendation and report of the authorized officer of Primary Education Department. The incumbent is also entitled to one month remuneration in lieu of month notice. 4. In the instant case, neither the petitioner has been issued any show cause notice nor any inquiry has been initiated against the petitioner to ensure whether he was prima facie found guilty of any in subordination, moral turpitude, unauthorized absence other misconduct or of any breach or non-performance of any of provisions of the scheme. Though regular inquiry as per the CCS (CCA) Rules, 1965 is not required, but there should be some inquiry to go into the veracity of the allegations. The only reasons assigned as per Annexure P-9 by respondent No.6 for not renewing the contract are the registration of F.I.R. on 27.3.2012. This F.I.R. has been registered by respondent No.6 himself. He could not be the judge of his own cause. The petitioner is an employee of the Gram Panchayat and the decision is required to be taken by the entire Gram Panchayat to renew the contract or not. The form of agreement is required to be entered into by the P.A.T. with the Gram Panchayat as per Annexure-2 of the scheme. The role of the Pradhan is minimum. He has only to convene the meeting and thereafter decision has to be taken by the Gram Panchayat. The language employed in clause 10 of Annexure-1 of the scheme is mandatory/imperative language. The contract is required to be renewed by the Gram Panchayat and thereafter ratified by the Gram Sabha. The F.I.R. has been registered by respondent No.6 against the petitioner to counter the F.I.R. registered against him by the brother of the petitioner under sections 420, 406 and 409 of the Indian Penal Code. The petitioner has only been enlarged on bail by the Sessions Judge, Bilaspur on 4.4.2012. The Head Master, Government Primary School, Kathla, District Bilaspur has found the work of the petitioner satisfactory as per Annexure P-10. The School Management Committee has also recommended the case of the petitioner as per Annexure P-6. 5. Accordingly, in view of the observations and analysis made hereinabove, the writ petition is allowed. Respondents No.5 and 6 are directed to renew the contract of the petitioner for the academic session 20122013 within a period of three weeks from today and thereafter the same may be placed before the Gram Sabha for ratification in the next general meeting. 5. Accordingly, in view of the observations and analysis made hereinabove, the writ petition is allowed. Respondents No.5 and 6 are directed to renew the contract of the petitioner for the academic session 20122013 within a period of three weeks from today and thereafter the same may be placed before the Gram Sabha for ratification in the next general meeting. Pending application (s), if any, also stands disposed of. There shall, however, be no order as to costs.