WA 144/2017. Gauhati High Court

Case Number:WA 144/2017
Judgement Date:May 26, 2020
Court:Gauhati High Court
SUMMARY

Writ Appeals under the Gauhati High Court Rules

 
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WA No.144 of 2017

BEFORE

HON’BLE THE CHIEF JUSTICE MR. AJIT SINGH HON’BLE MR. JUSTICE MANOJIT BHUYAN

26.5.2017

(Ajit Singh, C.J.)

Mr.SK Singha, learned counsel for the appellant.

Mr.N Sarma, learned Standing Counsel, Education Department for respondent Nos.1 to 4.

Heard on admission.

This intra-court appeal is directed against the order dated 28.4.2017 passed by the learned Single Judge of this High Court, whereby he has dismissed appellant’s WP(C) No.2454/2017.

The appellant, while serving as Headmistress of Bimala Prasad Chaliha Lower Primary School, was suspended vide order dated 22.9.2016, pending drawal of departmental proceeding on the ground of negligence of duty, misappropriation of money etc. Later, the Deputy Inspector of Schools, vide order dated 22.3.2017, reinstated the appellant pending drawal of departmental proceeding, treating her period of suspension as on duty, for all purposes. The Deputy Inspector of Schools, however, while reinstating the appellant, posted her as Assistant Teacher at Madhya Telahi Lower Primary School. Aggrieved with her posting as Assistant Teacher instead of Headmistress, the appellant filed WP(C) NO.1939/2017, which was disposed of vide order dated

7.4.2017 with a direction that she could not have been

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posted as an Assistant Teacher, which is a lower post than the post of Headmistress. It was also observed that the appellant would be deemed to have been reinstated in the post of Headmistress of Bimala Prasad Chaliha Lower Primary School and liberty was granted to the Director of Secondary...

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