Allowed

Nasir Uddin v. the State of Assam and 3 Ors.

Gauhati HC8 Jun 2022WP(C)/904/2018

Case brief

AI extract

What is this about?

Petitioner, an Assistant Teacher challenged an order proposing withholding of increments and suspension due to alleged denial of hearing opportunity. The Court directed the Director of Secondary Education to review enquiry records within two months and pass an order based on whether adequate hearing was provided.

What did the court decide?

Writ petition allowed; Director of Secondary Education directed to examine records and pass appropriate order within two months.

Nasir Uddin Vs the State of Assam and 3 Ors. — Pension and Retirement Benefits | Gauhati HC (2022)

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GAHC010027692018

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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)/904/2018

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NASIR UDDIN S/O LT. MOULANA ABED HUSSAIN VILL- RATABARI, P.O. RATABARI DIST. KARIMGANJ, ASSAM

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VERSUS

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THE STATE OF ASSAM AND 3 ORS. TO BE REP. BY THE COMMISSIONER AND SECRETARY, GOVT. OF ASSAM, EDUCATION (SECONDARY) DEPARTMENT, ASSAM

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2:THE DIRECTOR SECONDARY EDUCATION

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ASSAM KAHILIPARA GUWAHATI -19

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Advocate for the Petitioner : MR A R BHUYAN

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Advocate for the Respondent : SC, SEC. EDU.

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BEFORE

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HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA

ORDER

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08.06.2022

Heard Mr. AR Bhuyan, learned counsel for the petitioner. Also heard Mr. R Majumdar, learned counsel for the respondents No.1 and 2 being the authorities under the Secondary Education Department, Government of Assam.

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The petitioner, who is an Assistant Teacher in the Kazirbazar Senior Madrassa which is presently known as the Kazirbazar High School in the Karimganj district was subjected to a disciplinary proceeding under Rule 9 of the Assam Services (Discipline And Appeal) Rules, 1964 (for short, the Rules of 1964. In the process, the order dated 26.05.2017 had been passed by the Director of Madrassa Education, Assam by which there is a proposal to conclude the departmental proceeding against the petitioner by imposing punishment of withholding two increments with cumulative effect and further the period of suspension of the petitioner to be treated to be not on duty for all purposes.

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The said order is assailed on the ground that the proper procedure of being afforded an opportunity of hearing at the stage of enquiry was not given to the petitioner.

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We are not expressing any view on the said allegation being raised by the petitioner, but require the Director of Secondary Education Assam, being the present authority in place of the Director of Madrassa Education, Assam to look into the aforesaid allegation made by the petitioner that he was not given adequate opportunity of hearing as required under the law at the stage when the enquiry was held. After perusal of the records of enquiry, if the Director of

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Secondary Education Assam is of the view that adequate opportunity was not given, appropriate order may be passed in the circumstance. In the event, the Director after perusal of the records is satisfied that appropriate opportunity was given, a reasoned order be passed accordingly. Upon the order that may be passed, the proceeding may be brought to its logical end.

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The aforesaid exercise be done by the Director within a period of two months from the date of receipt of a certified copy of this order. We clarify that we are not expressing any view either in favour or against the claim of the petitioner and it would be entirely for the Director to pass any order as may be required under the law, after perusal of the records.

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Writ petition stands allowed in the above terms.

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JUDGE

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Comparing Assistant

Nasir Uddin v. the State of Assam and 3 Ors.

Case brief

What is this about?

What did the court decide?

Nasir Uddin v. the State of Assam and 3 Ors.

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

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