WP(C) 2627/2016. Gauhati High Court

Case NumberWP(C) 2627/2016
Judgement DateMay 16, 2019
CourtGauhati High Court

PS: Palasbari, District: Kamrup, Assam.

- Versus -

  1. The State of Assam, represented by the Commissioner & Secretary to the Government of Assam, Education (Secondary) Department, Dispur, Guwahati – 6.

  2. The Director of Secondary Education, Assam, Kahilipara, Guwahati – 791019.

  3. The I nspector of Schools, Kamrup District Circle, Guwahati – 781019.

    …….. Respondents

    B E F O R E

    HON’BLE MR. JUSTICE ARUP KUMAR GOSWAMI

    For the petitioner : Mr. D.K. Sarma, Advocate.

    For respondents : Mr. C. Bhattacharyya, Standing Counsel,

    Education (Secondary) Department.

    Date of hearing & Judgment & Order : 16th May, 2017.

    JUDGMENT & ORDER (ORAL)

    Heard Mr. D.K. Sarma, learned counsel for the petitioner. Also heard Mr. C. Bhattacharyya, learned standing counsel, Education (Secondary) Department, appearing for the respondents.

  4. The petitioner was appointed temporarily as Subject Teacher (Chemistry) by letter dated 17.07.1984 in R.B. Higher Secondary and M.P. School, Mirza.

    WP(C) No.2627/2016 Page 1 of 7

    …….. Petitioner

    (Prevention) Act, 1967, he was arrested on 25.10.2005. Subsequently, he was released on bail on 30.11.2005. He was placed under suspension by the Director of Secondary Education by an order dated 02.01.2006 pending drawal of departmental proceeding with effect from 25.10.2005, i.e. the date of arrest of the petitioner.

  5. The petitioner had put to challenge the aforesaid order of suspension by filing a writ application registered as WP(C) No.3132/ 2010. This Court by an order dated 24.3.2011 set aside and quashed the order of suspension dated

    02.01.2006 and directed the respondents to re-instate the petitioner forthwith. The respondent No.3 was directed to pay the arrear pay and allowances to the petitioner as per his entitlement in accordance with the relevant rules.

  6. Perusal of the aforesaid judgment goes to show that till the date of passing of the judgment, departmental proceeding was not initiated and that even charge-sheet was not filed in the police case. Although the direction was for re-instatement of the petitioner forthwith, the petitioner was not re-instated immediately and only after a lapse of 4(four) years, the petitioner was reinstated by an order dated 26.05.2015.

  7. I n the said order dated 26.05.2015, it is also observed that departmental proceeding is to be concluded at the earliest. I t is, however, to be noted that no departmental proceeding had been initiated till the passing of the order dated 26.05.2015. Only thereafter...

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