Disposed

Mr. Nabul Islam v. the State of Assam and Anr.

Gauhati HC5 Sept 2022WP(C)/3595/2021

Case brief

AI extract

What is this about?

Petitioner, a suspended Sub-Inspector of schools, approached the High Court for promotion to Block Elementary Education Officer after refunding misappropriated funds. The Court remanded the matter to the state department to verify records and consider eligibility under the relevant office memorandum within three months.

What did the court decide?

Matter remanded to the respondent for verification of records and consideration for promotion under the relevant office memorandum within three months.

Mr. Nabul Islam Vs the State of Assam and Anr. — Pension and Retirement Benefits | Gauhati HC (2022)

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Page No.# 1/3

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GAHC010109692021

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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)/3595/2021

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MR. NABUL ISLAM

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S/O- LT. JAMALUDDIN AHMED, R/O- MADURI LI, BARTOL, WARD NO. 10, P.O. AND P.S. NAZIRA, DIST.- SIBSAGAR, ASSAM

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VERSUS

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THE STATE OF ASSAM AND ANR

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REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM, ELEMENTARY EDUCATION DEPTT., DISPUR, GHY-06

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2:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GHY-1

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Advocate for the Petitioner : MR. S U AHMED

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Advocate for the Respondent : SC, ELEM. EDU

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BEFORE

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HONOURABLE MR. JUSTICE LANUSUNGKUM JAMIR

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ORDER

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05-09- 2022

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Heard Mr. S.U. Ahmed, learned counsel for the petitioner. Also heard Mr. S.M.T. Chistie, learned standing counsel, Elementary Education Department, appearing for the respondents.

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Page No.# 2/3

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The petitioner is presently serving as Sub-Inspector of schools at Nazira Education Block under the Deputy Inspector of School, Nazira in the district of Sibsagar, Assam. During his service, he was placed under suspension on the basis of complaint filed by 18 (eighteen) Assistant Teachers working in different schools under BEEO, Nazira for misappropriation of their salaries and a departmental enquiry was held. In the enquiry, charges against the petitioner were found to be established and the Director of Elementary Education, Assam, on the basis of enquiry report, passed an order dated 25-03-2009 withholding one annual increment and also directed the petitioner to refund the misappropriated amount to the authority, which was to be recovered from his salary in equal installments. Accordingly, the petitioner returned the misappropriated amount of ₹2,43,613/- and by order, dated 08-12-2017, the suspension period of the petitioner was regularized for the purpose of pension and retirement benefits.

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In the meantime, by a Notification dated 17-02-2021, 69 Sub-Inspectors of Schools were promoted temporarily to officiate as Block Elementary Education Officer under Section 4(d) of the APSC (Limitation and Function) Regulation, 1951.

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As the petitioner has undergone all the penalties imposed upon him, he is before this Court praying for a direction to consider his case for promotion to the post of Block Elementary Education Officer in terms of office memorandum dated 17-10-1987, issued by the Secretary to the Government of Assam, Personnel (B) Department, which provides the procedure to be followed with regard to promotion to be considered in case of award of penalty.

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The State respondents have also filed their counter affidavit wherein it is admitted that the petitioner has refunded all the misappropriated amount.

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After hearing the learned counsel for the parties and also taking into consideration that the petitioner has undergone all the penalties imposed upon him, the matter is remanded back to the respondent No. 1/Secretary to the Government of Assam, Elementary Education Department, to consider the case of the petitioner for promotion to the post of Block Elementary Education Officer after verifying all relevant records as well as taking into consideration the office memorandum dated 17-10-1987. Thereafter, if the petitioner is found to be eligible for promotion, necessary orders be passed by the respondent No. 1 within a period of three months from the date of receipt of the copy of the order of this Court.

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The petitioner is also permitted to furnish a certified copy of this order along with copy of the writ petition and the annexures appended thereto within a period of fifteen days from today.

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The writ petition is disposed of accordingly.

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Comparing Assistant

Mr. Nabul Islam v. the State of Assam and Anr.

Case brief

What is this about?

What did the court decide?

Mr. Nabul Islam v. the State of Assam and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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