WP(C) 3556/2009 BEFORE HON’BLE MR. JUSTICE B K SHARMA Heard Mr. A Roshid, learned counsel for the petitioner as well as Mr. N Hoque, learned counsel representing respondent No.6. I have also heard Mr. M K M isra, learned Standing Counsel, Education Department, Assam. The petitioner is the President of the School Managing Committee of Krin gpar Lachit Pathar L. P. School. As per the allegation made in the writ petition , the Head Master of the school i.e. the respondent No.6 is guilty of certain mi sconducts relating to misappropriation of Mid-day meal rice etc. Public represen tation submitted against him having not yielded any result the petitioner has ap proached this Court. In the Counter-affidavit filed by the respondent No.6 the a llegations made in the writ petition has been denied. However, in the counter-af fidavit filed by the Director of Elementary Education, Assam, it has been admitt ed that there was some lapses on the part of the respondents No.6 for which an e nquiry was conducted and he was dully cautioned. In Para-11 of the counter-affidavit it has been stated that the responde nt No.6 has furnished assurance of doing the needful in respect of the irregular ities committed by him and on the basis of such assurance the Deputy Inspector o f Schools and two Sub-Inspector of schools along with the President of the Schoo l Managing Committee i.e. the petitioner decided to give another opportunity to the respondent No.6. From the materials on record it appears that the grievance of the petiti oner was looked into by the authorities and respondent No.6 has furnished some k ind of assurance not to repeat any irregularity in future. Upon such assurance h e has been given another opportunity. In view of the above, the writ petition is disposed of with the directio n to the respondents to monitor the conduct of the respondent No.6 and based on performance appraisal, appropriate action shall be taken in the event of any mis conduct committed by the said respondent No.6.