Dismissed

The Governing Body of the Lakhimpur Kendriya Mahavidyalaya and Anrl v. the State of Assam and 2 Ors. B

Gauhati HC5 Mar 2021WA/75/2021

Case brief

AI extract

What is this about?

The Gauhati High Court dismissed the writ appeal filed by the college authority as withdrawn by the appellants. The court granted liberty to pursue remedies in civil or criminal courts, observing that the dismissal would not prejudice the appellants.

What did the court decide?

Permission granted to withdraw writ appeal with liberty to pursue remedy before civil or criminal court.

The Governing Body of the Lakhimpur Kendriya… — Service and Employment | Gauhati HC (2021)

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Page No.# 1/3

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GAHC010010552021

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : WA/75/2021

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THE GOVERNING BODY OF THE LAKHIMPUR KENDRIYA MAHAVIDYALAYA AND ANRL REP. BY ITS SECRETARY, P.O. CHARAI MORIA, DIST.- LAKHIMPUR, ASSAM, PIN- 787032.

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2: THE PRINCIPAL

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LAKHIMPUR KENDRIYA MAHAVIDYALAYA P.O. CHARAI MORIA DIST.- LAKHIMPUR ASSAM PIN- 787032

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VERSUS

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THE STATE OF ASSAM AND 2 ORS. B

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REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, EDUCATION (HIGHER) DEPARTMENT, DISPUR, GUWAHATI-6.

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2:THE DIRECTOR OF HIGHER EDUCATION ASSAM KAHILIPARA GUWAHATI-19.

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3:HEMANTA KUMAR CHALIHA S/O- LATE NABA KUMAR CHALIHA R/O- RAILWAY STATION ROAD WARD NO. 2 NORTH LAKHIMPUR DIST.- LAKHIMPUR ASSAM PIN- 785640

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Advocate for the Petitioner : MR. P MAHANTA

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Advocate for the Respondent : SC, HIGHER EDU

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Page No.# 2/3

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BEFORE

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HON’BLE THE CHIEF JUSTICE MR. SUDHANSHU DHULIA HON’BLE MR. JUSTICE MANASH RANJAN PATHAK

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05.03.2021

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(Sudhanshu Dhulia, C.J.)

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Heard Mr. P Mahanta, learned counsel for the appellants. Also heard Mr. K Gogoi, learned Standing Counsel, Higher Education Department.

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This writ appeal is against the order dated 04.12.2020 passed by the learned Single Judge in WP(C) 5090/2020 by which the writ petition of respondent No.3 herein was disposed of.

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The writ petitioner had filed the writ petition aggrieved by stoppage of his two increments which was given to him by way of punishment. All the same, before the order could have been passed, it was brought to the notice of the learned Single Judge that the impugned order had already been withdrawn and thereafter the writ petition was disposed of on that ground. The college authority has filed the present appeal against the order of the learned Single Judge on the ground that the writ petitioner had not approached the Court with clean hands. He had withheld vital information before the Court, inasmuch as, even before filing of the writ petition, the impugned order had been withdrawn which was not brought to the knowledge of the Court.

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Without going into this aspect, we do not think that this writ appeal itself has any merit, inasmuch as, the appellants are not aggrieved by the order of the learned Single Judge per se. In any case, now, the counsel for the appellants seeks our permission to withdraw this writ appeal with liberty to

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pursue their remedy before any civil or criminal court. We grant him that liberty and dismiss this writ appeal as withdrawn.

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We, however, must observe that the dismissal of the writ appeal will not prejudice the case of the appellants to pursue any other remedy against the writ petitioner/respondent No.3 herein, under the law.

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JUDGE CHIEF JUSTICE

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Comparing Assistant

The Governing Body of the Lakhimpur Kendriya Mahavidyalaya and Anrl v. the State of Assam and 2 Ors. B

Case brief

What is this about?

What did the court decide?

The Governing Body of the Lakhimpur Kendriya Mahavidyalaya and Anrl v. the State of Assam and 2 Ors. B

Case brief

What is this about?

What did the court decide?

What the court decided

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