Byomokesh Dutta v. The State of Assam and 5 Ors

PageoNo.#o1/3 GAHC010064862022 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oPIL/35/2022o BYOMOKESHoDUTTAo S/OoLATEoBARADAoKANTAoDUTTA,oR/OoBLIOCKoROAD,oRAMKRISHNAo NAGAR,oP.O.oANDoP.S.-RAMKRISHNAoNAGAR,oDIST-KARIMGANJ,oASSAM,o PIN-788166 VERSUSo

1.THEoSTATEoOFoASSAMoANDo5oORSo REPRESENTEDoBYoTHEoPRINCIPALoSECRETARYoTOoTHEoGOVT.oOFoASSAM,o EDUCATIONo(HIGHER)oDEPTT.,oDISPUR,oGUWAHATI-6 2:THEoDIRECTORoOFoHIGHERoEDUCATIONoASSAM oKAHILIPARAoGUWAHATI-19 3:THEoPRINCIPALoSECRETARYoTOoTHEoGOVToOFoASSAM oFINANCEoDEPARTMENT oDISPURoGUWAHATI-6 4:THEoGOVERNINGoBODYoOFoRAMKRISHNAoNAGARoCOLLEGE oREPRESENTEDoBYoITSoPRESIDENT oRAMKRISHNAoNAGAR oDIST-KARIMGANJoPIN-788710 5:DR.oKRISHNAoRANJANoPAUL oEX-PRINCIPALoANDoGBoPRESIDENToOFoRAMoKRISHNAoNAGARoCOLLEGE oS/OoLATEoGURANGAoCHANDRAoPAUL oVILL-BALICHERRAoRAMoKRISHNAoNAGAR oP.S.oANDoP.O.-RAMoKRISHNAoNAGAR oDIST-KARIMGANJoPIN-788166 6:DR.oMALAoSHARMA oI/CoPRINCIPAL-CUM-SECRETARYoOFoTHEoGOVERNINGoBODYoOFoRAMo KRISHNAoNAGARoCOLLEGEoRAMoKRISHNAoNAGAR oDIST-KARIMGANJoPIN-78871o Page No.# 2/3 For the Petitioner : Mr. A.C. Borbora, Senior Advocate assisted by Mr. M. Smith, Advocate. For the Respondent(s) : Mr. K. Gogoi and Mr. S. Das, Standing Counsel, Higher Education Department. : Mr. D. Chakroborty, Advocate for respondent No.4. : Mr. M. Mahanta, Advocate for respondent No.6. – BEFORE – HON'BLE THE CHIEF JUSTICE MR. VIJAY BISHNOI HON'BLE MR. JUSTICE SUMAN SHYAM

11.06.2024 (Vijay Bishnoi, CJ)

This writ petition is filed by the petitioner in public interest essentially raising a grievance regarding appointment of the respondent No.6 as the Principal In-Charge of the R.K. Nagar College, Karimganj. Allegations regarding misappropriation of some funds have also been levelled against the respondent No.6 as well as the other authorities. It appears that during the pendency of this writ petition, the State Government has conducted an enquiry through the Auditor of the Directorate of Higher Education and the Financial Advisor to the Directorate of Higher Education. In the said enquiry, it is concluded that the respondent No.6, retired In-Charge Principal, was not at the helm of affairs during the period when the alleged irregularities had been committed. It is also concluded that the then Principals In-Charge were responsible for misappropriation of money. In the enquiry report, recommendation has been made to take action against those Principals-in-Charge who were found to be involved in Page No.# 3/3 misappropriation of money. Mr. A.C. Borbora, learned Senior Counsel appearing for the petitioner has submitted that since the enquiry is already conducted by the authorities concerned, he is satisfied with the same. However, he has submitted that as the said enquiry report is of the year 2023 but the State authorities till date have not taken any steps for implementation of the recommendations made in the enquiry report, therefore, a direction be issued to the respondents to take action on the recommendations made in the enquiry report. Learned counsel appearing for the State has submitted that since this writ petition (PIL) is pending, no action has been taken on the recommendations made in the enquiry report. Taking into consideration the above facts and circumstances of the case, we are of the view that no further order is required to be passed in this writ petition (PIL). However, it is expected that the State Government shall take appropriate steps for implementation of the recommendations made in the enquiry report expeditiously, strictly in accordance with law. With these observations, this writ petition (PIL) is disposed of.

JUDGE CHIEF JUSTICE Comparing Assistant