Lal Mahmud v. The State of Assam and 6 Ors

ORDER Date : 06.11.2024

¶1Heard 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.

¶2While 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 Page No.# 3/4 the charges of misappropriation of funds allotted to the school under the Mid-day 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.

¶3A 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.

¶4The 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 Page No.# 4/4 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.

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

¶6Recording 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.

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

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010170152024 ooooooo 2024:GAU-AS:10807 ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/4428/2024ooooooooo LALoMAHMUDo S/O-oLATEoABULoKASHEM,oR/O-oVILLAGE-oRUBHI,oP.O.-oBALIKURI,oP.S.o KALGACHIA,oDIST.-oBARPETA,oASSAM,oPIN-o781319 VERSUSo THEoSTATEoOFoASSAMoANDo6oORSo REPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEo GOVERNMENToOFoASSAM,oSECONDARYoEDUCATIONoDEPARTMENT,o DISPUR,oGUWAHATI-6 2:THEoDIRECTORoOFoSECONDARYoEDUCATION oASSAM oKAHILIPARA oGUWAHATI-19 3:THEoDEPUTYoDIRECTORoOFoSECONDARYoEDUCATION oASSAM oKAHILIPARA oGUWAHATI-19 4:THEoMISSIONoDIRECTOR oSAMAGRAoSHIKSHA oASSAM oKAHILIPARA oGUWAHATI-19 5:THEoINSPECTORoOFoSCHOOLS oBARPETAoDISTRICToCIRCLE oBARPETA oDIST.-oBARPETA Page No.# 2/4 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 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 BEFORE HONOURABLE MR. JUSTICE LANUSUNGKUM JAMIR