WP(C) 3825/2008 BEFORE HON’BLE MR. JUSTICE RANJAN GOGOI Heard Mr. M. H. Choudhury, learned counsel for the petitioner, Ms. M. Gogoi, lea rned Standing Counsel, Education and Mr. R. Dhar, learned counsel appearing for the caveator - Managing Committee of the school. Though by order dated 10.9.2008 the petitioner was directed to implead the schoo l managing committee no application to the said effect has been filed by the pet itioner. The challenge in the writ petition is against an order dated 16th of August 2008 placing the petitioner under suspension. The brief facts leading to the institu tion of the present writ petition may be noticed at this stage. By an order dated 24th of July 2008 the petitioner who was serving as an Assista nt Teacher and in-charge Principal of the Algapur Public Higher Secondary School , Algapur was transferred and posted in the ICMC High School, Boalipar. The afor esaid transfer was made by the Inspector of Schools in view of certain complaint s of commission of gross illegalities by the petitioner. The petitioner challeng ed the aforesaid transfer order before this Court by instituting a writ proceedi ng registered and numbered as WP(C) No.3216/2008. In the said case an interim or der dated 30.7.2008 was passed by this Court staying the operation of the impugn ed transfer order dated 24th of July 2008. The writ petition in question was dis posed of by the Court on 11.8.2008 by interfering with the transfer primarily on the ground that the Inspector of Schools lacked the legal authority to pass the order in question. In respect of the various allegations/complaints levelled against the petitioner an enquiry was ordered by the Deputy Commissioner, Hailakandi which was conduct ed by one of the Additional Deputy Commissioners of the district. The report of such enquiry dated 28.7.2008 was submitted to the Deputy Commissioner. A perusal of the said report of enquiry which has been made available by the learned Stan ding Counsel, Education goes to show that the petitioner has been found, prima f acie, guilty of misappropriation of a huge amount collected by him as the in-cha rge Principal from the students on account of school fees and also commission of grave irregularities with regard to the school building fund. It appears from the materials on record that in respect of the allegations again st the petitioner a F.I.R. dated 30.7.2008 was filed on the basis of which Algap ur P.S. Case No.132/2008 under Section 409, I.P.C. was registered. The petitione r obtained ad-interim anticipatory bail in the said case from this Court which, however, was cancelled, the Court has been informed, on 13th of August 2008. The date of the order of ad-interim anticipatory bail and the particulars of the ba il application in which the order was passed are not immediately available. Howe ver, the same would not be very relevant save and except to notice the fact that the prayer for anticipatory bail made by the petitioner in connection with the criminal case instituted against the petitioner had been rejected by this Court. In this regard notice must also be had of the fact that the petitioner, thereaf ter, has not surrendered nor has he obtained an order of regular bail from the c ompetent court, a fact which has been admitted on behalf of the petitioner. The materials on record also goes to show that the petitioner has been continuously absent from the school and his whereabouts were not known. In such circumstances show cause dated 11.8.2008 though issued to the petitioner has gone unresponded . In these circumstances the impugned order dated 16.8.2008 has been passed plac ing the petitioner under suspension. The petitioner has filed an additional affidavit in the case today i.e. 15th of September 2008 wherein he has stated that his transfer as well as suspension hav e stemmed from the conduct of one Matiur Rahman Laskar, an Assistant Teacher of the school who is bent upon taking charge of the school as the in-charge Princip al. In the affidavit filed it has been further stated that that the aforesaid pe rson is the President of the Algapur Block Congress and has connection in high p laces and with the help of political functionaries has intervened in the matter leading to the complaints against the petitioner, the institution of the crimina l case against him as well as his suspension from service. The official records maintained by the department which have been placed before the Court, however, indicates that the suspension of the petitioner had flown fr om the allegations of commission of gross illegalities and acts of misappropriat ion by the petitioner. That apart, the petitioner is an accused in a criminal ca se under Section 409, I.P.C. The refusal of this Court to grant pre-arrest bail to the petitioner and the absence from the school and his place of residence ar e factors that cannot be ignored by the Court. From the above it is possible to come to the conclusion that the petitioner is absconding from the law to evade a rrest in the criminal case. In such circumstances, the Court is of the view that even if the reasons for the suspension of the petitioner as revealed by the off icial records is to be hypothetically excluded, the petitioner being an absconde r will not be entitled to any protection from the Court in the exercise of the h ighly discretionary jurisdiction of the Court under Article 226 of the Constitut ion. The writ petition, therefore, is dismissed, however, without imposing any cost.