Petitioners sought Court intervention for alleged financial irregularities by a School Superintendent, arguing a representation to the Department was ignored. Court held petitioners lacked locus standi for not registering an F.I.R.
Writ petition dismissed in limine for lack of maintainability and locus standi.
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GAHC010097502020
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C) 2992/2020
1:HAFIJUR RAHMAN ANSARI AND 2 ORS
ASSTT. TEACHER, S/O. LT. JAINUDDIN, VILL. HATIPUKUKHURI, P.O. HATIPUKUKHURI, P.S. HATIPUKUKHURI, DIST. NAGAON, ASSAM, PIN782125.
2: ROFIQUL ISLAM ASSTT. TEACHER S/O. LT. ABDUL JABBAR MULLAH VILL. HATIPUKUKHURI P.O. HATIPUKUKHURI P.S. HATIPUKUKHURI DIST. NAGAON ASSAM PIN-782125.
3: JAINAL ABEDIN ASSTT. TEACHER S/O. LT. AFSAR ALI VILL. MAGURMARI P.O. MAGURMARI P.S. MAGURMARI DIST. NAGAON ASSAM PIN-782140
VERSUS
1:THE STATE OF ASSAM AND 3 ORS.
REP. BY SECRETARY GOVT. OF ASSAM, SECONDARY EDUCATION DEPTT., DISPUR-06.
2:THE DIRECTOR SECONDARY EDUCATION
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ASSAM KAHILIPARA GUWAHATI-19.
3:THE INSPECTOR OF SCHOOLS NDC NAGAON PIN-782001.
4:THE SUPERINTENDENT FUTALJHAR HIGH MADRASSA DIST. NAGAON ASSAM PIN-782125
Advocate for the Petitioner : MD. M H CHOUDHURY
Advocate for the Respondent : SC, SEC. EDU.
BEFORE HONOURABLE MR. JUSTICE SUMAN SHYAM
ORDER
02.09.2020
Heard Mr. M. H. Choudhury, learned counsel appearing for the writ petitioners. I have also heard Ms. N. Phukan, learned Standing Counsel, Secondary Education Department, Assam, appearing for the respondents.
The writ petitioners have approached this Court by filing the present writ petition making certain allegations against the respondent No.4, i.e. the Superintendent of Futaljhar High Madrassa in the district of Nagaon. From the statements made in the writ petition, it transpires that the petitioners are seeking an investigation against the Superintendent of the Madrassa on the ground that he had committed certain financial irregularities which are punishable under the law. However, neither the person concerned has been impleaded as a
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party by name nor have the petitioners lodged any F.I.R.
Mr. Choudhury submits that the petitioners have submitted a representation before the respondent No.2 making a request to carry out an enquiry into the matter and also to place the Superintendent under suspension for committing corrupt practices but no action has been taken in the matter till date. The learned counsel has, however, failed to explain as to why the petitioners have not lodged an F.I.R. reporting the incident to the police with a request to investigate into the matter. I also find that the writ petitioners do not have any right that can be enforced in this writ petition. Therefore, I am of the view that the petitioners do not have any locus standi to maintain this writ petition.
Situated thus, I hold that this writ petition is not maintainable in the facts and circumstances of the case. The same is accordingly dismissed in limine.
The petitioners would, however, be at liberty to avail appropriate remedy, as may be permissible under the law.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether the petitioners have locus standi to approach the Court directly without registering an F.I.R. or impleading the accused Superintendent.
Whether there is any prima facie case requiring Court intervention for alleged financial irregularities where representation to the Department yielded no action.
Hafijur Rahman Ansari and 2 Ors.
The State of Assam and 3 Ors.
Suman Shyam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
