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2016 DIGILAW 4 (MEG)

Mozammel Hoque Mondal v. State Of Meghalaya

2016-06-21

S.R.SEN

body2016
JUDGMENT : S.R. Sen, J. Heard Mr. A.H. Hazarika, Learned Counsel for the petitioner as well as Mr. K.P. Bhattacharjee, Learned G.A. for the State. 2. The petitioner's case in a nutshell is that: "1. The brief matrix of the case is that the Mondalpara, SSA, L.P School was established during the year 1998 and the School was managed by Village Elders and payment of Monthly Salary of the teachers was paid by Public Contribution and the School received Grant-in-aid since the year 2005-2006. 2. That the outgoing Managing Committee was expired on 08-11-2012 and the Joint District Mission Co-Ordinator, SSA, Dadenggre, took over the charge of the School since the beginning of the year 2013. 3. That on the instruction of the competent authority, the Headmistress issued a Notice dated 06-07-2013, calling upon the Parents/Guardians of the students, Village Elders as well as Local M.L.A, M.D.C to attend the meeting on 21-07-2013 to constitute Managing Committee of the School and accordingly the Managing Committee of the School was constituted in the meeting itself consisting of 12 (Twelve) Members and the Headmistress of the School forwarded the Resolution and Constitution of the new Managing Committee to the Joint District Mission Co-Ordinator, SSA, Dadenggre dated 22-07-2013. 4. That the Headmistress lodged a Complaint to the Joint District Mission Co-Coordinator, SSA, Dadenggre, dated 21-08-2013 alleging that some vested interested person by forging her signature and others as to constitute a Managing Committee of the School, so requested to take appropriate action but failed to take any initiative in this regard. 5. That one Local Representative, Shri Starnet A. Sangma made an Application under R.T.I to the Public Information Officer (P.I.O)/Joint District Mission Co-Ordinator (JDMC) dated 28-11-2013 seeking information in respect of information and documents in respect of fake Managing Committee, Complaint Letter dated 21-08-2013, Forwarding Letter dated 22-07-2013, but failed to provide information as a result of which he complaint to the Chief Information Commissioner, Shillong dated 28-01-2013, against the P.I.O/JDMC and the Commission on being found him guilty and imposed a penalty of Rs. 7,500/- (Rupees Seven Thousand Five Hundred) only vide Order dated 12-05-2015 and subsequently the Petitioner received the documents dated 05-11-2014. 7,500/- (Rupees Seven Thousand Five Hundred) only vide Order dated 12-05-2015 and subsequently the Petitioner received the documents dated 05-11-2014. That the general public of the area lodged a Complaint to the DMC/ADC, Tura dated 09-11-2014, against the JDMC for his nefarious, illegal acts and deeds being a public servant and the DMC vide Letter dated 23-12-2014 directed the JDMC to approve the Managing Committee of the School without further delay but failed to carry out the Order and subsequently addressed another Letter dated 13-03-2015, reminded the JDMC to approve the Managing Committee of the School constituted by the general public dated 21-07-2013, however, the JDMC failed to carry out the direction of the Superior officer, hence, this Writ Petition filed with a prayer to issue appropriate direction to the Respondent authority to approve the said Managing Committee and also prayed to issue direction to the competent authority to initiate Departmental Proceeding against the defaulting officer, i.e. the Joint District Mission Co-Coordinator, SSA, Dadenggre". 3. The learned counsel for the petitioner submits that the election was conducted in the year 2013 and the names of the elected members were forwarded to the Government for approval, but the same was kept lying for a long time and they approved the lists only in the year 2015. 4. The learned GA appearing on behalf of the State submits that the matter can be disposed of with a direction to the respondents to conduct an election afresh and seeks apology, to which the learned counsel for the petitioner also agreed. 5. Considering the submissions advanced by the learned counsel for the parties at Bar, it is hereby ordered that the respondent's authority to conduct an election within a month and to allow the petitioner also to participate in the election and further more, it is also wanted that they should not repeat the same in future. 6. In the meantime, till the election is conducted, let the management remains in the hand of the Joint District Mission Co-Coordinator, SSA and the Sub-Divisional School Education Officer, Dadenggiri, West Garo Hills District, Meghalaya. 7. With this observation and direction this instant writ petition is allowed to that extent and stands disposed of.