Allowed

Mrs. Abira Brahma (Bhowmick), v. the State of Assam and 3 Ors.

Gauhati HC12 Aug 2022WP(C)/4820/2022

Case brief

AI extract

What is this about?

Petitioner challenged suspension order issued by Director of Education, Bodoland Territorial Council, exceeding three months without review. Court allowed the petition, quashed the suspension, directed immediate reinstatement, and allowed four months to conclude disciplinary proceedings.

What did the court decide?

Suspension order dated 24.02.2022 set aside; petitioner reinstated; disciplinary proceedings to conclude within four months.

Mrs. Abira Brahma (Bhowmick), Vs the State of… — Public Procurement and Tenders | Gauhati HC (2022)

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Page No.# 1/3

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GAHC010146422022

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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)/4820/2022

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MRS. ABIRA BRAHMA (BHOWMICK), W/O- HRIDAY BRAHMA, R/O- BAGANSHALI, WARD NO. 7, P.O. AND DIST. KOKRAJHAR, B.T.A.D, PIN- 783370.

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VERSUS

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THE STATE OF ASSAM AND 3 ORS. REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, EDUCATION (SECONDARY) DEPARTMENT, DISPUR, GUWAHATI-781006.

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2:THE BODOLAND TERRITORIAL COUNCIL REPRESENTED BY THE SECRETARY EDUCATION DEPARTMENT BTC KOKRAJHAR PIN- 783370.

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3:THE DIRECTOR OF EDUCATION

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BODOLAND TERRITORIAL COUNCIL KOKRAJHAR PIN- 783370.

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4:THE INSPECTOR OF SCHOOLS KDC KOKRAJHAR BODOLAND TERRITORIAL COUNCIL PIN- 783370

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Advocate for the Petitioner : MR P K DAS

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Advocate for the Respondent : SC, SEC. EDU.

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BEFORE HONOURABLE MR. JUSTICE LANUSUNGKUM JAMIR

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ORDER

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Date : 12.08.2022

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Heard Mr. P.K. Das, learned counsel for the petitioner. Also heard Mr. S.M.T. Chistie, learned counsel for respondent No.1. Mr. S. Bora, learned standing counsel, BTC for respondent Nos. 2, 3 and 4.

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The petitioner while serving as Head Mistress of Gaurang High School, Kokrajhar was placed under suspension pending drawal of disciplinary proceeding by order dated 24.02.2022, issued by the Director of Education, Bodoland Territorial Council.

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The present writ petition is filed challenging the order dated 24.02.2022 on the sole ground that the respondents has failed to review the suspension order dated 24.02.2022 despite expiry of 3(three) months. Considering the submission made, Mr. S.Bora, learned standing counsel, BTC was directed to receive instructions on 29.07.2022.

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When the matter is called up today, Mr. S.Bora, learned standing counsel, BTC on the basis of written instructions, submits that it is correct that the respondents had failed to review the suspension order of the petitioner dated 24.02.2022. He therefore submits that appropriate orders may be passed by this Court. However, the respondents may be permitted to conclude the disciplinary proceeding against the petitioner within a period of 3(three) months from today.

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Recording the submission made by the learned standing counsel, BTC and

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considering the fact that the respondents has failed to review the suspension order of the petitioner dated 24.02.2022, despite a lapse of more than 3(three) months, the order dated 24.02.2022 issued by the Director of Education, Bodoland Territorial Council, Kokajhar, suspending the petitioner is set aside and quashed. The respondents are directed to forthwith reinstate the petitioner back into service. The respondents are also permitted to conclude the pending disciplinary proceeding against the petitioner within a period of 4(four) months from the date of receipt of the copy of the order of this Court.

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With the above observations and directions, the writ petition is disposed of.

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JUDGE

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Comparing Assistant

Mrs. Abira Brahma (Bhowmick), v. the State of Assam and 3 Ors.

Case brief

What is this about?

What did the court decide?

Mrs. Abira Brahma (Bhowmick), v. the State of Assam and 3 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Parties & counsel

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