Disposed

Lal Mahmud v. the State of Assam and 6 Ors.

Gauhati HC5 Nov 2024WP(C)/4428/2024

Case brief

AI extract

What is this about?

This writ petition challenged the Order dated 20.07.2024 reinstating the petitioner as Assistant Teacher while letting the Inspector continue as Headmaster. The court dismissed the petition by directing the petitioner to file a representation for grievances, instructing the Director to dispose within one month. A formal decision in favor of specific relief was not granted but a procedural remedy w

What did the court decide?

Directed petitioner to file representation to Director Secondary Education Assam within one week; Director to consider and pass speaking order within one month.

Lal Mahmud Vs the State of Assam and 6 Ors. — Service and Employment | Gauhati HC (2024)

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GAHC010170152024

2024:GAU-AS:10807

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

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Case No. : WP(C)/4428/2024

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LAL MAHMUD

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S/O- LATE ABUL KASHEM, R/O- VILLAGE- RUBHI, P.O.- BALIKURI, P.S. KALGACHIA, DIST.- BARPETA, ASSAM, PIN- 781319

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VERSUS

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THE STATE OF ASSAM AND 6 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, SECONDARY EDUCATION DEPARTMENT, DISPUR, GUWAHATI-6

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2:THE DIRECTOR OF SECONDARY EDUCATION ASSAM KAHILIPARA GUWAHATI-19 3:THE DEPUTY DIRECTOR OF SECONDARY EDUCATION ASSAM KAHILIPARA GUWAHATI-19 4:THE MISSION DIRECTOR SAMAGRA SHIKSHA ASSAM KAHILIPARA GUWAHATI-19 5:THE INSPECTOR OF SCHOOLS BARPETA DISTRICT CIRCLE BARPETA DIST.- BARPETA

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ASSAM PIN- 781301 6:THE DEPUTY COMMISSIONER BARPETA DIST.- BARPETA ASSAM PIN- 781301 7:SHRI MAZEDUL ISLAM @ MAZIDUL ISLAM PRESIDENT SMDC OF BALIKURI ANCHALIK HIGH SCHOOL S/O- RAHMATULLAH R/O- VILLAGE- BALIKURI K P.O. BALIKURI DIST.- BARPETA ASSAM PIN- 78131

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Advocate for the Petitioner : MD. S ALOM, MR. P K DEKA,MR. I H LASKAR,MR. M S ALAM Advocate for the Respondent : SC, SEC. EDU., GA, ASSAM,SC, SSA

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BEFORE HONOURABLE MR. JUSTICE LANUSUNGKUM JAMIR

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ORDER

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Date : 06.11.2024

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1. Heard Mr. P.K. Deka, learned counsel for the petitioner as well as Mr. U. Sarma, learned standing counsel, Secondary Education Department, for the respondent Nos. 1, 2, 3 & 5; Mr. B. Choudhury, learned standing counsel, SSA, for the respondent No. 4 and Mr. B. Deori, learned Government Advocate, for the respondent No. 6.

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2. While the petitioner was functioning as Headmaster In-charge of the Balikuri Anchalik High School, Barpeta, he was placed under suspension by an Order dated 16.02.2024 issued by the Director, Secondary Education, Assam on

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the charges of misappropriation of funds allotted to the school under the Midday Meal Scheme. By the same order in view of the suspension of the petitioner, the Inspector of Schools, Barpeta was temporarily allowed to act as Headmaster In-charge of the said Balikuri Anchalik High School, district Barpeta.

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3. A Show Cause Notice was issued to the petitioner on 28.02.2024 by the Disciplinary Authority-cum-Director, Secondary Education, Assam and the petitioner was asked to give his reply within a period of 10 days. The petitioner accordingly submitted his reply on 18.03.2024. Thereafter, the disciplinary proceeding proceeded against the petitioner and the Inquiry Officer submitted the inquiry report on 11.06.2024. The Director, Secondary Education, Assam passed an Order on 20.07.2024, by which the petitioner was reinstated into service as Assistant Teacher of Balikuri Anchalik High School, district Barpeta with immediate effect and the departmental proceeding against the petitioner was dropped and the period of suspension was also regularised for all purposes. By the same order, the Inspector of Schools, Barpeta was allowed to continue as Headmaster In-charge of Balikuri Anchalik High School, Barpeta till the post of Headmaster of the said school is filled up by regular incumbent.

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4. The learned counsel for the petitioner submits that the department proceeding against the petitioner was dropped and his suspension period was regularised for all purposes by the Order dated 20.07.2024. However, the petitioner was reinstated only as an Assistant Teacher of Balikuri Anchalik High School, Barpeta and the Inspector of Schools, Barpeta is allowed to continue as Headmaster In-charge of the said school. By permitting the Inspector of Schools to continue as Headmaster In-charge of the said Balikuri Anchalik High School, Barpeta, the image of the petitioner is tarnished in front of the public and the students, more particularly, when the departmental proceeding has been

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dropped and the petitioner has been reinstated back into service. He however submits that without entering into merits of the present writ petition, the petitioner may be permitted to file a representation before the Director, Secondary Education, Assam ventilating all his grievances within a specified period of time and thereafter, the Director, Secondary Education, Assam may be directed to consider the said representation and dispose of the same within a time frame.

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5. Mr. U. Sarma, learned standing counsel, Secondary Education Department, has no objections.

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6. Recording the submissions of the learned counsel for the petitioner, this writ petition is disposed of directing the petitioner to file a representation before the Director, Secondary Education, Assam within a period of one week from today. Thereafter, the Director, Secondary Education, Assam, on receipt of the representation, shall consider and dispose of the same by a speaking order and in accordance with law with within a period of one month from the date of receipt of the said representation.

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

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JUDGE

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Comparing Assistant

Lal Mahmud v. the State of Assam and 6 Ors.

Case brief

What is this about?

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Lal Mahmud v. the State of Assam and 6 Ors.

Case brief

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