Disposed

Gouri Sankar Biswas v. the State of Assam and 2 Ors.

Gauhati HC5 Apr 2023WP(C)/1971/2023

Case brief

AI extract

What is this about?

The Gauhati High Court disposed of a writ petition challenging a 'Censure' penalty imposed via departmental inquiry. At the motion stage, the court directed the appellate authority to decide the pending appeal within 60 days in accordance with the Assam Services (Discipline and Appeal) Rules, 1964.

What did the court decide?

Direction to the Secretary to the Government of Assam to dispose of the pending appeal within 60 days of the order's date and inform the petitioner.

Gouri Sankar Biswas Vs the State of Assam and… — Labour and Industrial Disputes | Gauhati HC (2023)

¶1

Page No.# 1/3

¶2

GAHC010074202023

¶3

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

¶4

Case No. : WP(C)/1971/2023

¶5

GOURI SANKAR BISWAS SON OF LATE GOPAL CH. BISWAS, RESIDENT OF VIVEKANANDA PALLY, P.O.- R.K. NAGAR, DISTRICT- KARIMGANJ, ASSAM, PIN- 788166.

¶6

VERSUS

¶7

THE STATE OF ASSAM AND 2 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, EDUCATION (HIGHER) DEPARTMENT, DISPUR, GUWAHATI- 781006.

¶8

2:THE DIRECTOR OF HIGHER EDUCATION ASSAM KAHILIPARA GUWAHATI- 781019.

¶9

3:THE GOVERNING BODY R.K. NAGAR COLLEGE KARIMGANJ ASSAM REPRESENTED BY THE PRESIDENT OF GOVERNING BODY

¶10

Advocate for the Petitioner : MS. P CHAKRABORTY

¶11

Advocate for the Respondent : SC, HIGHER EDU

¶12

Page No.# 2/3

¶13

BEFORE HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK

¶14

ORDER

¶15

05.04.2023

¶16

Heard Ms. P Chakraborty, learned counsel for the petitioner and Mr. S Das, learned Standing counsel, Higher Education Department, Assam for the respondent Nos. 1 & 2.

¶17

By a Speaking Order issued under No. DHE/CE/CC/34/2021/14 dated 19.04.2021, the Director of Higher Education (DHE), Assam placed the petitioner, an UDA of R K Nagar College, Karimganj, a provincialised college of the State, under suspension with immediate effect and initiated a departmental proceeding against him under Rule 9 of the Assam Services (Discipline and Appeal) Rules, 1964 issuing Show-Cause Notice to him.

¶18

While considering the Enquiry Report and reinstating the petitioner in service by the Speaking Order dated 24.01.2022, the DHE, Assam, imposed the penalty of “Censure” under Rule 7 of the said 1964 Rules upon the petitioner for his behavior holding that it was not conducive in an academic environment and directed him not to misbehave others and maintain his proper behavior conducive in an academic environment in future.

¶19

Being aggrieved with said punishment of “Censure” imposed under Rule 7 of the said 1964 Rules, the petitioner on 20.01.2023 submitted an appeal through Registered Post before the Commissioner, Higher Education Department, Assam as provided under Rule 15 of the said 1964 Rules.

¶20

As there is no response to his said appeal, the petitioner has preferred this writ petition.

¶21

After hearing the learned counsels for the parties and considering the entire aspect of the matter, this writ petition is disposed of at the motion stage itself, directing the concerned appellate authority, i.e., the Secretary to the Government of Assam, Higher Education Department to dispose of the said appeal of the petitioner submitted on 20.01.2023 at the earliest in accordance with law following the provisions of the Assam Services (Discipline and Appeal) Rules, 1964, within a period of 60 (sixty) days from the date of receipt of the certified copy of this order to be furnished by the petitioner, intimating him about the outcome of the same.

¶22

Page No.# 3/3

¶23

The petitioner shall submit the certified copy of this order along with a copy of this writ petition including the Annexures appended thereto before the Secretary to the Government of Assam, Higher Education Department forthwith, obtaining necessary acknowledgment from the said authority in that regard.

¶24

With the above observation and direction, this writ petition stands disposed of.

¶25

JUDGE

¶26

Comparing Assistant

Gouri Sankar Biswas v. the State of Assam and 2 Ors.

Case brief

What is this about?

What did the court decide?

Gouri Sankar Biswas v. the State of Assam and 2 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

Case details

Similar cases

Manindra Nath Roy Vs the State of Assam and 4 Ors.

Manindra Nath Roy Vs the State of Assam and 4 Ors.

Ikbal Bahar Laskar and 3 Ors. Vs the State of Assam and 2 Ors.

Bhaskar Jyoti Boruah Vs the State of Assam and 6 Ors.

Abdul Jalil Mazumder Vs Suranjana Senapati, Acs and Anr.

Banyashree Thakur and 70 Ors. Vs Smti. Suranjana Senapati