A writ challenging departmental proceedings was dismissed on withdrawal with liberty to re-file after the petitioner failed to annex the show cause notice and enquiry report to the petition.
Dismissal of the writ petition on withdrawal with liberty to re-file after annexing the requisite documents.
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GAHC010075992024
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/2130/2024
MD. ANOWAR HUSSAIN L.D ASSISTANT (UNDER SUSPENSION), F.A AHMED HIGH SCHOOL, BISWANATH GHAT, P.O- BISWANATH GHAT, P.S- BISWANATH CHARIALI, DIST- BISWANATH, ASSAM, PIN-782123, ASSAM
VERSUS
THE STATE OF ASSAM AND 3 ORS.
TO BE REP. BY THE SECRETARY TO THE GOVT. OF ASSAM, DEPARTMENT OF SCHOOL EDUCATION (SECONDARY ), ASSAM , DISPUR, GUWAHATI781006.
2:THE DIRECTOR OF SECONDARY EDUCATION
ASSAM KAHILIPARA GUWAHATI- 781019.
3:THE INSPECTOR OF SCHOOLS
SONITPUR DISTRICT CIRCLE TEZPUR ASSAM
4:HEADMASTER F.A AHMED HIGH SCHOOL BISWANATH GHA
Advocate for the Petitioner : MR T N SRINIVASAN
Advocate for the Respondent : GA, ASSAM
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BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR
ORDER
20.04.2024
It is seen from the writ petition that the challenge herein is made to a departmental proceeding initiated against the petitioner. However, the show cause notice has not been annexed to the writ petition. Further it is seen that an enquiry was conducted against the petitioner and completed and the enquiry report was also submitted which was duly received by the petitioner and a representation against the same was also filed by him. However, the enquiry report has also not been annexed with the present writ petition.
In that view of the matter, this writ petition would not be maintainable in the present form.
The learned counsel for the petitioner submits that he may be permitted to withdraw the writ petition with liberty to re-file the same by annexing the requisite documents.
On the prayer of the petitioner, the writ petition stands dismissed on withdrawal with liberty as prayed for.
JUDGE
Comparing Assistant
Md. Anowar Hussain L.D Assistant
The State of Assam
Secretary to the Govt. of Assam, Department of School Education
Director of Secondary Education Assam
Inspector of Schools
Headmaster F.A Ahmed High School
N. Unni Krishnan Nair
As recorded by the court registry
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