Jyoti Prasad Bora v. The State of Assam and 6 Ors

ORDER Date : 24.04.2024

The matter was heard at length and was listed today for delivery of order. However, Mr. P. Borah, learned counsel for the petitioner has made a prayer that he be permitted to withdraw the present writ petition and approach the jurisdictional Educational Tribunal towards redressal of his grievances inasmuch as the Disciplinary Proceeding, which forms the subject matter of the present proceeding has a bearing with regard to his provincialisation in services. Page No.# 3/3 The said prayer has not been objected to by Mr. H. Sarmah, learned counsel appearing for the Hatichong College, Nagaon as well as Mr. K. Gogoi, learned Standing Counsel for the Higher Education Department. Accordingly, the present writ petition stands dismissed on withdrawal with liberty granted to the petitioner to raise the issues as arising in the present proceeding before the jurisdictional Educational Tribunal. In the event, the petitioner approaches the jurisdictional Educational Tribunal, the Tribunal while entertaining the petition and in the event a question of delay so arises therein, the Tribunal shall take note of the fact that the issue was pending before this Court in the proceeding of WP(C)/4680/ 2017 and, thereafter, in the present proceeding i.e. WP(C)/1030/2018. JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010032262018 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/1030/2018o JYOTIoPRASADoBORAo S/O.oSRIoBIJOYoCH.oBORAH,oR/O.oVILL.oPARUAHoGAON,oP.S.oSADAR,oDIST.o NAGAON,oASSAM,oPIN-782103 VERSUSo THEoSTATEoOFoASSAMoANDo6oORS.o REP.oBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.oOFoASSAM,o EDUCATIONoDEPTT.,oDISPUR,oGUWAHATI-6. 2:THEoDIRECTORoOFoHIGHERoEDUCATION oASSAM oKAHILIPARA oGUWAHATI-19 oDIST .KAMRUP 3:THEoDEPUTYoCOMMISSIONER oNAGAON oDIST.NAGAON oASSAM oPIN-782001 4:THEoSUPERINTENDENToOFoPOLICE oNAGAON oDIST.oNAGAON oASSAM. 5:THEoGOVERNINGoBODY oREP.oBYoTHEoPRESIDENT oHATICHONGoCOLLEGE oHATICHONG Page No.# 2/3 DIST. NAGAON ASSAM PIN-782003 6:THE PRINCIPAL AND SECRETARY HATICHONG COLLEGE HATICHONG DIST. NAGAON ASSAM PIN-782003 7:THE PRESIDENT DISCIPLINARY AUTHORITY HATICHUNG COLLEGE HATICHUNG NAGAON Advocate for the Petitioner : MR H R A CHOUDHURY Advocate for the Respondent : SC, HIGHER EDU BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR