Aiboklang Dkhar v. Secretary Managing Committee, Mawrang Upper Primary School and 3 Ors

JUDGMENT AND ORDER (ORAL)

¶1These two writ petitions involving the same subject matter in issue have been filed by the same petitioner, wherein, in WP(C). No. 364 of 2024, the order suspending the petitioner has been assailed, whereas, in WP(C). No. 385 of 2024, a challenge has been made to the appointment of the respondent No. 1 as the Inquiry Officer.

¶2Today, the respondent No. 1 in WP(C). No. 385 of 2024, is represented by Mr. L.Shongwan, learned counsel, whose appointment as Inquiry Officer has been challenged on the ground that he is a member of the Managing Committee.

¶3Mr. S.M.Suna, learned counsel on behalf of the respondent No. 2 submits that if the apprehension of the writ petitioner is that he will not get justice if respondent No. 1 is the Inquiry Officer, the Disciplinary Authority is prepared to appoint another Inquiry Officer, but as the charges are serious against the writ petitioner, the proceedings may be allowed to recommence as the same has been kept on hold due to the interim order passed by this Court.

¶4On consideration of the circumstances of the case, the interim order dated 28-10-2024 stands vacated and the respondents are permitted to recommence the inquiry, howsoever, after appointing a fresh Inquiry Officer.

¶5As in WP(C). No. 364 of 2024, the challenge is to the suspension of the petitioner, and as the proceedings have been allowed to recommence, the same has been rendered infructuous and is closed and disposed of.

¶6As ordered above, both the matters stand disposed of, however with liberty to the writ petitioner to re-agitate the issue, if still aggrieved. Judge Date: 2024.11.07 16:57:34 IST

Serial No.16 & 17 Regular List HIGH COURT OF MEGHALAYA AT SHILLONG WP(C). No. 364 of 2024 and WP(C). No. 385 of 2024 Date of Decision : 07.11.2024 WP(C). No. 364 of 2024 Shri. Aiboklang Dkhar …Petitioner -Versus- 1. Secretary, Managing Committee, Mawrang, Upper Primary School, Mawrang. 2. State of Meghalaya represented by its Chief Secretary. 3. The Director of School Education and Literacy, Meghalaya, Shillong. 4. The Divisional School Education Officer, Nongstoin, Meghalaya. …Respondents Coram: Hon'ble Mr. Justice H.S.Thangkhiew, Judge Appearance: For the Petitioner/Applicant(s) : Mr. P.K.Shati, Adv. For the Respondent(s) : Mr. S.M.Suna, Adv. for R 1. Mr. N.Syngkon, GA with Ms. Z.E.Nongkynrih,GA for R 2-4. A N D WP(C). No. 385 of 2024 Shri. Aiboklang Dkhar …Petitioner -Versus- 1. Inquiry Officer (Shri. G.L.Langrin) Mawrang Upper Primary School, Mawrang village, West Khasi Hills District, Meghalaya. 2. Managing Committee, Mawrang, Upper Primary School, Mawrang. 3. State of Meghalaya represented by its Chief Secretary. 4. The Director of School Education and Literacy, Meghalaya, Shillong. 5. The Divisional School Education Officer, Nongstoin, Meghalaya. …Respondents Appearance: For the Petitioner/Applicant(s) : Mr. P.K.Shati, Adv. For the Respondent(s) : Mr. L.Shongwan, Adv. for R 1. Mr. S.M.Suna, Adv. for R 2. Mr. N.Syngkon, GA with Ms. Z.E.Nongkynrih,GA for R 3&5. i) Whether approved for reporting in Law journals etc: ii) Whether approved for publication in press: