WP(C) 4647/2009 BEFORE THE HON’BLE MR. JUSTICE B.P. KATAKEY The petitioner, by the present petition has challenged the order of term ination dated 23.06.2009, issued by the Director of Education, BTC terminating h is service as Assistant Teacher, on the ground that such termination has been ma de without issuing any notice and thereby without giving any opportunity of show ing cause. I have heard Mr. N. Dutta, the learned Sr. counsel for the petitioner, M r. Goswami, the learned standing counsel Education Department appearing for the State respondents and Mr. D. Das, the learned standing counsel for the responden t BTC authority. As agreed to by the learned counsel for the parties, the writ petition i s taken up for disposal at the motion stage itself. The case of the petitioner is that on the basis of the selection made by the authority of the Education Department of Government of Assam, he was initia lly appointed as Stipendiary Teacher and thereafter his service was regularized and he was paid the salary in the regular scale of pay till June, 2006 and there after the salary from the month of July, 2006 has been stopped. Mr. Das, the learned standing counsel for the respondent BTC on instruct ion has submitted that before issuing the order of termination terminating the p etitioner from service, no show-cause notice was served and no hearing was given . It has further been submitted that the respondent BTC shall now issue the show -cause notice to the petitioner and thereby giving him an opportunity to show-ca use as to why his service shall not be terminated and necessary order will be pa ssed only upon consideration of such show-cause and hearing the petitioner. It appears from the order impugned in this writ petition that the servic e of the petitioner has been terminated on the following grounds: A. Advertisement issued by the DEEO, D.I. of Schools of Nalbari inv iting application as a candidates to fill-up the posts in the schools. B. Approval of State Level Empowered Committee of the personal depa rtment of Govt. of Assam to fill-up the posts. C. The records of holding interview and preparation of score sheets by the interview board. D. List the Selected Candidates indicating vacancies of the schools to fill-up the selected candidates. E. Approval of EBAC for the appointment. The contention of the petitioner as noticed above that he was selected o n the basis of the selection process undertaken by the authority of the Educatio n Department, Govt. of Assam and he was thereafter appointed initially as Stipen diary Teacher and he was paid in the regular scale of pay to a certain period of time. Having regard to the contention of the petitioner in the writ petition a nd also taking into consideration the grounds under which the order of terminati on has been issued as well as upon consideration of the submissions of the learn ed counsel for the parties, I am of the view that before passing the order of te rmination an opportunity to show-cause has to be given intimating the petitioner the grounds for which his service is proposed to be terminated, so that the pet itioner can by way of the show-cause demonstrate before the authority concerned that his service cannot be terminated on such grounds. The authority is also req uired to give the petitioner an opportunity of hearing before taking any action on the basis of the show-cause notice. Since no show-cause notice has been issue d and no hearing was given to the petitioner, the order of termination impugned in the present writ petition is set aside. The petitioner shall be deemed to be in service with effect from the date of termination. The petitioner shall also be paid his salary if he was serving in the sc hool till the date of his termination. Such payment shall be made within 3(three ) months from today. Mr. Das, the learned standing counsel for the respondent BTC at this sta ge has submitted that the authority of the BTC has decided to issue show-cause a nd such notice is ready and hence the petitioner may be directed to appear befor e the Director to collect the show-cause and to submit his representation, if so advice. Keeping in view such averments, the petitioner is directed to appear bef ore the Director of Education, BTC on 04.12.2009, on which date the Director of Education, BTC shall serve the show-cause notice and the petitioner shall therea fter file the reply. The BTC authority thereafter shall pass necessary order upo n consideration of such reply, if any, to be submitted by the petitioner and upo n hearing the petitioner. The writ petition is accordingly allowed with the aforesaid directions. No cost.