WP(C) No. 2653/2008. Case: Sri Ajoy Kumar Choudhury Vs State of Assam, Represented by the Commissioner & Secretary to the Govt. of Assam and Others, [Alongwith Writ Petition (C) Nos. 1970 and 5477/2011 and 2868/2013]. Guwahati High Court
| Case Number | WP(C) No. 2653/2008 |
| Counsel | For Appellant: Mr. S. Sarma, Mr. G. Goswami, Ms. B. Devi and Mr. H.K. Das, Mr. R.P. Sharma, Sr. Advocate and Ms. R. Devi, Mr. A.R. Tahbildar and Mr. S. Chanda, Advs. and For Respondents: Mr. J. Handique, GA, Assam, Mr. P. Pathak, Sr. Advocate, Ms. P. Barman, Mr. S. Sarma, Ms. B. Devi, Mr. G. Goswami and Mr. H.K. Das, Mr. R.P. Sharma, Sr. ... |
| Judges | Ujjal Bhuyan, J. |
| Issue | Assam Madrassa Education (Provincialisation) Act, 1995 - Section 10 |
| Judgement Date | August 19, 2013 |
| Court | Guwahati High Court |
Judgment:
Ujjal Bhuyan, J.
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All the above writ petitions and Misc. applications being somewhat inter-related, those were heard together and are being disposed of by this common judgment and order. For the sake of convenience, the cases are taken up in seriatim.
WP(C) No. 2653/2008
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In this writ petition, petitioner Sri. Ajay Kumar Choudhury has challenged order dated 08.04.2008 of the Chariman, Barpeta Road Municipal Board (Board). The said decision was taken on the basis of a resolution adopted by the Board on 13.03.2008. As per the said order, petitioner was restrained from drawing salary. Allegation against the petitioner was that he had misappropriated certain fund of the Board while serving as Accountant of the Board. Accordingly, he was removed from the post of Accountant and posted as UDA.
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In view of certain facts placed on record by the petitioner by way of additional affidavit dated 21.01.2013, including the certificate of the Chairman of the Board dated 23.05.2011 which shows that certain amounts were recovered from the petitioner and that he has been allowed to work as the In-charge-Head Assistant of the Board w.e.f. 01.03.2003, and because of subsequent developments as would be noticed in the course of the judgment, the issue raised in this writ petition may not require adjudication of the Court.
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This position is fairly admitted by learned counsel for the parties.
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In view of above, WP(C) No. 2653/2008 is dismissed as infructuous.
WP(C) No. 1970/2011
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This writ petition has been filed by three petitioners, who are Ward Commissioners of the Board. They have challenged resolution of the Board dated 19.02.2011 appointing respondent No. 5 (Sri Ajay Kumar Choudhury) as Head Assistant of the Board. As per the said resolution, promotion of one Sri. Dhanjit Das, UDA as Head Assistant was set aside and Sri. Ajay Kumar Choudhury was promoted to the post of Head Assistant. This order has not been challenged by Sri. Dhanjit Das but by the petitioners, who are Ward Commissioners of the Board. However, the said issue need not be gone into, as the Court is of the opinion that in view of the subsequent developments as would be noticed in the course of the judgment, the challenge made in the writ petition no longer survives.
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Learned counsel for the parties fairly agree to the above position.
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Accordingly, WP(C) No. 1970/2011 is dismissed as infructuous.
WP(C) No. 5477/2011
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In this writ petition, the petitioner Sri. Ajay Kumar...
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