Disposed

Smti. Velentina Ahmed v. the Commissioner and Secretary to the Govt of Assam and 4 Ors.

Gauhati HC11 Nov 2021WP(C)/5906/2021

Case brief

AI extract

What is this about?

Regarding a writ petition challenging undeleted departmental proceedings and suspension, the High Court noted that the respondent had already reinstated the petitioner, imposed a stoppage of increment, and satisfied the petition's primary prayer, leading to the petition's disposal.

What did the court decide?

The writ petition is disposed of. The respondent directed to pay regular complete salary from the date the suspension was revoked as per the order dated 13.04.2021.

Smti. Velentina Ahmed Vs the Commissioner and… — Service and Employment | Gauhati HC (2021)

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GAHC010184422021

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

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Case No. : WP(C)/5906/2021

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SMTI. VELENTINA AHMED W/O MR. BAHARUL ISLAM, R/O RAJNAGAR, CIRCUIT HOUSE ROAD, WARD NO. 11, P.O. AND P.S.-NALBARI, DIST- NALBARI, ASSAM, PIN-781335

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VERSUS

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THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM AND 4 ORS SECONDARY EDUCATION DEPARTMENT, DISPUR, GUWAHATI-781006

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2:THE DIRECTOR SECONDARY EDUCATION DEPARTMENT KAHILIPARA GUWAHATI-781006 3:THE DEPUTY DIRECTOR SECONDARY EDUCATION DEPARTMENT KAHILIPARA GUWAHATI-781006 4:THE DISTRICT ELEMENTARY EDUCATION OFFICER INSPECTOR OF SCHOOLS (IN CHARGE) NALBARI DISTRICT CIRCLE DIST- NALBARI ASSAM PIN-78133 5:THE PRINCIPAL BONGAON HIGHER SECONDARY SCHOOL VILL-BONGAON P.O-BANGRAM CHOWK DIST-NALBARI ASSAM. PIN-78130

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Advocate for the Petitioner : MR. M BHAGABATI Advocate for the Respondent : SC, SEC. EDU.

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BEFORE HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA

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ORDER

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Date : 11-11-2021

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Heard Mr. M Bhagabati, learned counsel for the petitioner. Also heard Mr. R Mazumdar, learned counsel for all the respondents including the Principal of Bangaon Higher Secondary School.

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The petitioner in this writ petition seeks for a direction to complete the departmental proceeding initiated against her pursuant to the show-cause notice dated 10.05.2019 as well as to interfere with the order of suspension dated 27.02.2019.

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When the matter was taken on 10.11.2019, a submission was made that there was a possibility that in the meantime the proceeding may have been completed. Accordingly, the matter was adjourned to be listed today.

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Today, Mr. R Mazumdar, learned counsel for the Secondary Education, Assam has produced an order dated 13.04.2021 of the Director of Secondary Education, Assam by which it is provided that a punishment of stoppage of one annual increment had been imposed on the petitioner who is a subject teacher in Zoology in Bangaon Higher Secondary School, Nalbari pursuant to the departmental proceeding that was initiated upon her. Further by the said order, the order of suspension was revoked and the petitioner was reinstated in service in her original post of subject teacher in Zoology of Bangaon Higher Secondary School, Nalbari.

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As the reliefs sought for in this writ petition has been granted, no further adjudication is required.

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Mr. M Bhagabati, learned counsel for the petitioner has raised an issue that if the order of suspension of the petitioner was withdrawn as per the order dated 13.04.2021 as to why the petitioner was not allowed to resume her service and it was construed that she was still under suspension.

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If that is so, the Director of Secondary Education, Assam shall pass an order providing

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the petitioner the regular complete salary from the date of the order dated 13.04.2021 on which the suspension was revoked. If the salary had been paid in the meantime, no further act is required.

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The order dated 13.04.2021 is kept on record.

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Writ petition stands disposed of in the above terms.

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JUDGE

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Comparing Assistant

Smti. Velentina Ahmed v. the Commissioner and Secretary to the Govt of Assam and 4 Ors.

Case brief

What is this about?

What did the court decide?

Smti. Velentina Ahmed v. the Commissioner and Secretary to the Govt of Assam and 4 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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