Remanded

Charitra Dowarah v. the State of Assam and 3 Ors.

Gauhati HC2 Jun 2023WP(C)/2041/2020

Case brief

AI extract

What is this about?

The Gauhati High Court disposed of a writ petition challenging indefinite suspension. The Court set aside the suspension order dated 21.05.2017 due to lack of progress in departmental proceedings since 2019 but clarified it did not adjudicate the merits regarding the cancellation of the appointment.

What did the court decide?

Set aside the order of suspension dated 21.05.2017 and retained petitioner in post of Assistant Graduate Teacher.

Charitra Dowarah Vs the State of Assam and 3… — Pension and Retirement Benefits | Gauhati HC (2023)

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Page No.# 1/3

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GAHC010063182020

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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)/2041/2020

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CHARITRA DOWARAH

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S/O- LT. DHARMESWAR DOWARAH, VILL- BETBARI, MITHAPUKHURI, P.O. MITHAPUKHURI, P.S. SIVASAGAR, DIST.- SIVASAGAR, ASSAM, PIN- 785697

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VERSUS

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THE STATE OF ASSAM AND 3 ORS.

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

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2:THE DIRECTOR OF SECONDARY EDUCATION KAHILIPARA ASSAM GHY-19

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3:THE INSPECTOR OF SCHOOLS SIVASAGAR PIN- 785640

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4:PRINCIPAL BETBARI HIGHER SECONDARY SCHOOL SIVASAGAR ASSAM PIN- 78564

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Advocate for the Petitioner : MR. A DEKA

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Advocate for the Respondent : SC, SEC. EDU.

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Page No.# 2/3

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BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI

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ORDER

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02-06-2023

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Heard Shri A. Deka, learned counsel for the petitioner. Also heard Shri S. M. T. Chistie, learned Standing Counsel, Secondary Education Department, who submits that as per instructions received, the petitioner is still under suspension and though a Disciplinary Proceeding (DP) was initiated in the year 2019, the same has not progressed.

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Shri A. Deka, the learned counsel for the petitioner submits that the petitioner was appointed as an Assistant Graduate Teacher in the Betbari Higher Secondary School in the district of Sivasagar by order dated 02.05.1992. He had participated in a selection process for the post of Principal and was accordingly appointed as the Principal of the School on 02.05.2017, which he had joined. However, the order of appointment was withdrawn and subsequently cancelled. The petitioner was thereafter put under suspension vide an order dated 21.05.2017 and the show-cause notice was served after about 18 months on 20.09.2019. The petitioner further submits that though he had replied to the said show-cause notice, there is no further progress. As recorded above, Shri Chistie, the learned Standing Counsel has submitted that there is no progress in the departmental proceeding. The Department has also not filed any affidavit in this case.

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It is a settled law that though suspension is not a penalty and is only taken recourse to have a departmental proceeding conducted in a fair and transparent manner and also under certain other conditions, the same cannot be allowed to prolong indefinitely, more so when there is no progress in the departmental proceeding which was initiated in the year 2019 itself.

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There is also nothing on record that there has been any application of mind towards making a review for extension of the suspension order.

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Page No.# 3/3

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Under the aforesaid facts and circumstances, this Court is of the unhesitant opinion that the order of suspension dated 21.12.2017 cannot be sustained any further and therefore the same is set aside.

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This Court however makes it clear that no observations have been made with regard to the merits of the allegations as well as the cancellation of the appointment order dated 02.05.2017 as Principal and therefore appointment of the petitioner can only be made to the post of Assistant Graduate Teacher in the Betbari Higher Secondary School, Sivasagar.

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Writ petition accordingly stands disposed of.

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JUDGE

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Comparing Assistant

Charitra Dowarah v. the State of Assam and 3 Ors.

Case brief

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Charitra Dowarah v. the State of Assam and 3 Ors.

Case brief

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