Petitioner sought writ for non-punitive action against an employee for alleged misappropriation of funds. Court held FIR and departmental proceedings were initiated and dismissed petition, closing the writ petition.
Writ petition closed and disposed of.
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GAHC010012952014
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C) 3785/2014
1:BARAK VALLEY CITIZEN FORUM and ANR
ESTB. IN THE MONTH OF FEBRUARY, 2014, REP. BY ITS SECRETARY, VILL. HARITIKAR PART-II, P.O. RAJARTILLA, P.S. KATIGORAH, DIST- CACHAR, PIN-788805
2: HARIPPADA DAS S/O LT. LALIT DAS THE SECRETARY BARAK VALLEY CITIZENS' FORUM VILL. HARITIKAR PART-II P.O. RAJARTILLA P.S. KALIGORAH DIST- CACHAR ASSAM PIN-78880
VERSUS
1:THE STATE OF ASSAM AND 10 ORS
REP. BY THE COMMISSIONER and SECRETARY TO THE GOVT. OF ASSAM, DEPTT., OF ELEMENTARY EDUCATION, ASSAM, CIVIL SECRETARIAT, DISPUR, GHY-6, ASSAM
2:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GHY-19 ASSAM
3:THE DY. COMMISSIONER CACHAR ASSAM PIN-788001
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4:THE DISTRICT ELEMENTARY EDUCATION OFFICER CACHAR CUM DISTRICT MISSION CO-ORDINATOR CACHAR SILCHAR ASSAM PIN-788001 5:THE DY. INSPECTOR OF SCHOOLS SILCHAR ASSAM PIN-788001 6:THE BLOCK ELEMENTARY EDUCATION OFFICER KATIGORAH BLOCK P.O. HILLARA DIST- CACHAR ASSAM 7:THE DISTRICT PROJECT ENGINEER ENGINEERING CELL C/O DISTRICT ELEMENTARY EDUCATION OFFICER CACHAR SILCHAR ASSAM PIN-788003 8:THE OFFICER IN CHARGE BORKHOLA POLICE STATION CACHAR ASSAM PIN-788001 9:MRIDUL KUMAR NATH C/O DISTRICT ELEMENTARY EDUCATION OFFICER CACHAR SILCHAR ASSAM PIN-788003 10:SUDIP DEY C/O DISTRICT ELEMENTARY EDUCATION OFFICER CACHAR SILCHAR ASSAM PIN-788003
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11:MD. ALIMUL BASAR C/O THE BLOCK ELEMENTARY EDUCATION OFFICER KATIGORAH BLOCK P.O. HILLARA DIST- CACHAR ASSAM PIN-78881
Advocate for the Petitioner : MR.B ZAMAN P-1 Advocate for the Respondent : MR.H SARMA
:: BEFORE ::
HON’BLE MR. JUSTICE PRASANTA KUMAR DEKA
-O R D E R-
07.03.2018
Heard Mr. AK Dutta, learned counsel for the petitioner Society. Also heard Mr. N Bora, learned counsel for the private respondent No. 9, the then District Elementary Education Officer and Mr. SR Baruah, learned Government Advocate appearing for the respondents No. 3 and 8.
The petitioner Society being aggrieved against non taking of Punitive measures against the respondent No. 11 for alleged misappropriation of funds earmarked for various L.P. Schools under the District Elementary Education Officer, Cachar at Silchar filed this writ petition owing to the purported inaction on the part of the responsible officers of the State against the said Alimul Basar Barbhuiya, the respondent No. 11 and the Head Teacher of 1043 No. Panighat L.P. School and Member Secretary of various schools.
Mr. Bora has submitted that as against the alleged misappropriation, FIR was lodged on the basis of which the police has started investigation and on the other hand, the departmental proceeding was drawn up against the said respondent No. 11 by way of a show cause notice on 10.09.2014. Such action was sought for not only for the demand of the present petitioner Society, but concerned department has on its own also initiated the action as soon as it came to the notice/ knowledge of the
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concerned officials.
Considering the said submission, Mr. Dutta on his part fairly submits that necessary action has been initiated for recovery of the public money and under such circumstances, this writ petition may be closed. Considering the same, this writ petition is closed and disposed of.
JUDGE
Comparing Assistant
BARAK VALLEY CITIZEN FORUM AND ANR
THE STATE OF ASSAM AND 10 ORS
PRASANTA KUMAR DEKA
As recorded by the court registry
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