WP(C) 1499/2008 BEFORE HON’BLE MR. JUSTICE H.N. SARMA Heard Mr. R.P. Sarma, learned counsel for the petitioner and Mr. U.K. Goswami, learned standing counsel for the Respondent Nos. 1, 2 and 3 as well as Mr. H. Das learned counsel appearing for the respondent Nos. 4, 5 and 6. The subject matter of challenge in this petition is the communica tion dated 10-6-2005 by which the Headmaster of the Hatigaon High School in the district of Goalpara intimating the petitioner about the termination of his serv ice as per the Resolution No. 1 adopted in the general meeting of the high schoo l on 9-6-2005 on the ground of negligence of duty even after giving necessary ca ution. The case of the petitioner is that the Hatigaon High School is receiving govt. grant for maintenance and regulated and guided by Rules and Regulations of the Education Department of the State of Assam. The petitioner was appointed b y the managing committee of the school as Asstt. Teacher(Arts) vide appointment letter dated 20-7-92 as Asst. Teacher(Arts) as per the resolution adopted pursua nt to which he was appointed in the said post on 27-7-92. The appointment of the petitioner was approved as per the order dated 12-4-96. The petitioner was also sent for B.T. training at Govt. B.T. College, Goalpara for the session 1996- 19 98 which he successfully completed. While the petitioner was rendering his servi ce as Asstt. Teacher he could not attend his duty from 26-6-2005 to 4-6-05. Cons equently the managing committee of the school vide impugned resolution dated 9- 6-05 terminated the service of the petitioner which was communicated to him vide letter dated 10-6-05 issued by the Secretary of the School. It is also further contended that although the petitioner raised a grievance by filing necessary ap plication against the aforesaid termination before the inspector of Schools, Goa lpara but no action having been taken the petitioner approached this Court by fi ling this application. Mr. Das, learned Standing Counsel appearing for the respondents r eferring to the counter filed by the respondent Nos. 4 and 5, submits that the p etitioner was irregular in attending his duties as a result of which the student s of the school are suffering and various requests of the authorities having fai led to evoke positive response upon the petitioner to behave in a disciplined ma nner, managing committee of the school had no alternative but to terminate. It is submitted that such termination was done for negligence of duty by the petitioner affecting the studies of the students of the school. Mr. Goswami, learned standing counsel, Education Department on the basis of the instruction so received submits that the Hatigaon High School, Goal para is receiving ad hoc recurring grant as sanctioned under the de-centralized plan area and the managing committee of the school is authorized to take necess ary steps in this regard. For negligence of duty of an employee the authority is entitled to take necessary disciplinary action against such emp loyee including the teaching staff and the authority has taken such action again st the petitioner on the ground of his negligence of duty. The learned counsel f urther submits that before adopting the resolution to terminate the services of the petitioner due notice was given to him but he did not response. Mr. Sarma, learned counsel for the petitioner referring to the Ru les and Conduct of an employee of the Education Institution submits that under R ule 4 B the appointing authority is empowered to inflict punishment of removal/ dismissal from service on the employee but it can be so done only by giving reas onable opportunities by showing show cause against the action to be taken and wi th prior approval of the Inspector of School. Mr. Sarma, further submits that Clauses 23/84/76 of the Higher Second ary, High and Middle Schools Management Rules, the duties and functions of the m anaging committee are provided. Under Rule 23(5) it is necessary that the appoin tment made by the managing committee would require prior approval of the Inspect or of Schools except in case of manial staff. In terms of the aforesaid provisio ns the appointment of the petitioner was approved by the Inspector of Schools vi de order dated 12-4-96. It is contended by Mr. Sarma that although the requireme nt of approval of the Inspector of Schools was duly affected the resolution of t he managing committee of the school appointing the petitioner, but before the re moval/dismissal of the petitioner from service no such approval was taken in the instant case. Mr. H. Das, learned counsel has fairly submitted that in fact no suc h approval has yet been taken from the Inspector of Schools terminating the serv ice of the petitioner Mr. Goswami, learned standing counsel, Education Department has also confirmed the aforesaid position. In view of the aforesaid submissions made by the learned counsel for the parties which are also reflected from the pleadings made available befor e me, I am of the view that the impugned resolution, in order to be effective an d the removal/dismissal of the petitioner from service would be effective only a fter such approval is granted by the Inspector of Schools. It would be open for the school authority to send the connected re solution along with necessary documents and papers to the Inspector of Schools f or approval and upon receipt of the same, the Inspector shall consider the same and pass appropriate order. The petitioner would also be entitled to submit bef ore the Inspector of Schools in the event such a course is adopted by the school authority to make his submission particularly to the effect that no appropriate notice was given to him. The resolution terminating the service of the petition er would be effective provided such approval is granted by the Inspector. If the school authority proposes to adopt the aforesaid resolution t hen they would be entitled to do so within the period of one month from today. With this order the writ petition stands disposed of. The instruction produced by the stranding counsel is kept as pa rt of the records.