Page No.# 1/5 GAHC010037592025 2025:GAU-AS:2057 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1031/2025 AHMED ALI SON OF HAJI SAMAD ALI, VILL AND P.O- SAMARALI BAZAR, P.S- MURAJHAR, DISTRICT HOJAI, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE SECRETARY TO THE GOVT. OF ASSAM, DEPARTMENT OF EDUCATION (ELEMENTARY), DISPUR, GUWAHATI -781006. 2:THE DIRECTOR OF ELEMENTARY EDUCATION DEPARTMENT ASSAM KAHILIPARA GUWAHATI-781019. 3:THE DISTRICT COMMISSIONER HOJAI SANKARDEV NAGAR DIST. HOJAI ASSAM PIN-782442. 4:THE DISTRICT ELEMENTARY EDUCATION OFFICER HOJAI DIST. HOJAI ASSAM PIN-782442. 5:THE BLOCK ELEMENTARY EDUCATION OFFICER LANKA DIST. HOJAI ASSAM Page No.# 2/5 Advocate for the Petitioner : MR. M ALI, H R KHAN,MD. ANARUL ISLAM Advocate for the Respondent : GA, ASSAM, SC. EDU. BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA ORDER Date : 28-02-2025 Heard Mr. MU Mahmud, learned counsel for the petitioner, who prays that the Show Cause notice dated 04.02.2025 should be set aside and also to direct the respondent authorities to take a decision on the petitioner’s representation dated 13.02.2025, for granting him 30 (thirty) days time to submit his reply to the Show Cause notice dated 04.02.2025. 2. The facts of the case, as enumerated in the writ petition, show that the petitioner who is working as Headmaster of Chitlamari M.E. School, Samarali Bazar, P.S.-Murajhar, District Hojai, Assam was issued a Show Cause notice dated 04.02.2025 and he was asked to submit his reply within 72 (seventy two) hours from the date of receipt of the notice. The allegations made against him were as follows:- “Sub: Show Cause It has come to the notice of the undersigned during the visit to your school on 8th Jan' 24 at around 1 PM which are as follows:- i) Whereas, you were found absent & nothing documentary records for your absence on the day are found in the school. ii) Whereas, an amount of Rs 2,82,000 (Two Lakhs Eighty Two Thousand) were sanctioned from SSA for the repairing of classrooms in the financial year 2021-22, but during the visit it was noticed that you had not repaired the entire classroom (as no cement plastering, no windows & doors of the classroom, no floor works, no wall partition etc. are done as noticed), instead you have spoiled the entire amount by misleading the Page No.# 3/5 department. iii) Whereas, in regard to the student enrollment of the school it is detected that the enrollment of the school as per U-Dise is 554, as per Shiksha Setu it is 462 where as as per attendance register it is 548, a shocking discrepancy is noticed, which seems a huge dummy enrollment was recorded only for your vested interest. As for example a student- reading-in class- VIII namely TAJKIA AFRIN, D/O- ISMAIL HUSSAIN & ROHIMA BEGUM, VILL- Uttar Samarali has three PEN No-20955398961, 20660146517 & 2027779306 etc. iv) Whereas, it is also detected that for the financial year 2024-25, an amount of Rs 3,18,000/- (Three Lakhs Eighteen Thousand) were sanctioned for the construction of girls toilet but it is not constructed yet, instead you have withdrawn the entire sanctioned amount from the account of the school. v) Whereas, you have not displayed any signboard of the school at entry point or in any prominent place, except an old one near veranda of the school. vi) Whereas, a total of 188 (One hundred) sets of UNIFORM for the learners were found hidden in a BAG in the ICT classroom, though the current academic year uniform grant is yet to be released by the department, it is suspected that you have deprived the right beneficiary of previous academic year for which a huge quantity of abandoned consignment of uniform is stocked in the school. vii) Whereas, it is noticed on the day that only 14 (Fourteen) bags of rice each of 50Kg are stored in the school but a huge stock of rice is missing from the stock as suspected & also as per report of CRCC you kept the rice stock in your personal Rice Mill for vested interest. vii) Whereas, on the day of visit( Wednesday) as per official menu chart you are to serve egg in the PM(POSHAN) meal, but it is surprised to notice that egg is not served on the day, instead the learners informed me that rarely they could see egg in the PM(POSHAN). viii) Whereas, as per submission of Concerned Accountant, CRCC, student attendance record as well as from the Bank statement record of PM(POSHAN) and also as observed on the day of visit that you have withdrawn from the bank account of the school nearly two times the actual amount in every month, causing a huge spoiling of public money since your taking over the charge of Head Master of the school. ix) Whereas, it is learned that you have approached & submitted a false proposal for the grant of aid under STORM DAMAGE REPAIRING from DDMA, Hojai for your school, as already an estimate of Rs 1,99,700/- (One Lakh Ninety Nine Thousand seven Hundred) has been prepared and submitted to the authority for sanctioning the amount. Page No.# 4/5 x) Whereas, a letter memo no BEEO(L)/Misc/LP& UP/pt-1/2024-25/2040 dated 22.05.2024 has been served for the AG audit of accounts of the school but you have not turned up even after repeated persuasion from the authority concerned in order to conceal the facts, loopholes & scams. Xi) Whereas, again a letter memo no. BEEO(L)/Mis/LP& UP/pt- 1/2024-25/2022 dated 18.05.2024 has been served in order to submit the Service Book of all the teachers for the service verification but till date you have not deposited the same.” 3. The petitioner thereafter appeared on 10.02.2025 in the office of the Additional Commissioner and submitted a representation dated 11.02.2025 to the Additional Deputy Commissioner, Hojai requesting that he be given 30 (thirty) days time, to submit his reply to the notice. Subsequent to the above facts, the petitioner was again issued a Show Cause notice dated 11.02.205 which is at Annexure-2 of the writ petition asking the petitioner to submit his reply within 2 (two) days. The petitioner’s counsel submits that 30 (thirty) days time should be given to the petitioner to submit his reply to the Show Cause notice dated 04.02.2025. 4. Ms. N Phukan, learned counsel appearing for the respondent Nos. 1, 2, 4 & 5 and Mr. P Saikia, learned counsel appearing for the respondent No. 3 submit that the petitioner was to file his reply within time, which he had failed to do. They submit that he cannot be allowed to play around with the Show Cause notices, while at the same time coming to this Court, asking for time. 5. I have heard the learned counsels for the parties. 6. The writ petitioner has prayed for setting aside the Show Cause notice dated 04.02.2025. The petitioner has not made any prayer for setting aside the Show Cause notice dated 11.02.2025. To cut a long story short, the petitioner’s prayer is to grant him 30 (thirty) days time to file a reply to the Show Cause Page No.# 5/5 notice dated 04.02.2025. Though the counsel for the petitioner has taken a stand that there has been a wrong quotation of the Rules by the respondent authorities, this Court is of the view that the said submission does not hold much water, keeping in view the fact that there is a provision to issue Show Cause notice against the petitioner as per the Rules applicable in the State of Assam. In the case of N Mani Vs. Sangeetha Theatre & Ors., reported in (2004) 12 SCC 278, the Supreme Court has held that if an authority has a power under law, merely because while exercising the power, a reference is made to a wrong provision of law, that by itself does not by itself vitiate the exercise of power, so long as the power exists and can be traced to a source available in law. 7. On considering that the petitioner has prayed for 30 (thirty) days time to file a reply to the Show Cause notice dated 04.02.2025, this Court finds that the 30 (thirty) days time would have expired on 06.03.2025. This Court is of the view that some reasonable time needs to be given to submit his reply. Accordingly, in the interest of justice, the petitioner is granted 10 (ten) days time from today, to file his reply to the Show Cause notice dated 04.02.2025. The petitioner shall submit his reply to the Block Elementary Education Officer, Lanka, Hojai, Assam on or before 10.03.2025. 8. The writ petition is accordingly disposed of. JUDGE Comparing Assistant