Phulendra Kalita v. The State of Assam and 4 Ors

PageoNo.#o1/3 GAHC010168362024 ooooooo 2024:GAU-AS:12867-DB ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWA/345/2024ooooooooo PHULENDRAoKALITAo S/OoLATEoKASHINATHoKALITA,oINSPECTORoOFoSCHOOL,oBARPETAo(LASTo PLACEoOFoPOSTING),oPRESENTLYoUNDERoSUSPENSION,oR/O-oVILL.o JYOTINAGAR,oPSoANDoPO-oPATSHALA,oDIST.-oBARPETA,oASSAM,oPIN-o 781325. VERSUSo THEoSTATEoOFoASSAMoANDo4oORSo REPRESENTEDoBYoTHEoSECRETARY,oTOoTHEoGOVT.oOFoASSAM,o DEPARTMENToOFoSCHOOLoEDUCATIONo(SECONDARYoEDUCATION),o BLOCK-C,oASSAMoCIVILoSECRETARIAT,oJANATAoBHAWAN,oDISPUR,o GUWAHATI,oASSAM,oPIN-o781006. 2:THEoCHIEFoSECRETARYoTOoTHEoGOVT.oOFoASSAM oASSAMoCIVILoSECRETARIAT oDISPUR o GUWAHATI oASSAM oPIN-o781006. 3:THEoDIRECTORoOFoSECONDARYoEDUCATION oASSAM oKAHILIPARA oGUWAHATI oASSAM o PIN-o781019. 4:THEoINSPECTORoOFoSCHOOLS Page No.# 2/3 BARPETA DISTRICT CIRCLE BARPETA ASSAM. 5:THE ACCOUNTANT GENERAL A AND E ASSAM MAIDAMGAON GUWAHATI ASSAM

PIN-781029. 6:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM DEPARTMENT OF FINANCE ASSAM CIVIL SECRETARIAT DISPUR

GUWAHATI ASSAM For petitioner(s)/appellant(s) : Mr. B. Purkayastha, Advocate

For respondent(s) : Mr. R. Mazumdar, SC, Education

Mr. B. Sharma, Advocate

Ms. R.B. Bora, Jr. GA, Assam

– BEFORE – HON'BLE THE CHIEF JUSTICE MR. VIJAY BISHNOI HON'BLE MR. JUSTICE KAUSHIK GOSWAMI

18.12.2024 (Vijay Bishnoi, CJ)

This writ appeal is preferred on behalf of the appellant being aggrieved with the judgment and order dated 20.06.2024, passed by the learned Single Judge in WP(C) 3403/2023, whereby the writ petition filed by the appellant has been dismissed. The appellant approached the writ court being aggrieved with the order dated

31.03.2023, whereby the appellant was dismissed from service on his conviction in a criminal proceedings initiated against him. The respondent authorities had dismissed Page No.# 3/3 the appellant from service by invoking the powers conferred under the 2nd proviso to Article 311(2)(a) of the Constitution of India, read with Rule 10(i) of the Assam Services (Discipline & Appeal) Rules, 1964 (hereinafter to be referred to as "Rules of 1964"). The learned Single Judge has held that there is no illegality in the decision of the respondent authorities in imposing the penalty of dismissal from service against the appellant and the action of the respondents is in consonance with the 2nd proviso to Article 311(2) of the Constitution of India, read with Rule 10 of the Rules of 1964. Having heard the learned counsel for the parties and after going through the material available on record, we do not find any infirmity in the impugned judgment and order passed by the learned Single Judge. Hence, no case for interference is made out. Accordingly, the writ appeal is dismissed.

JUDGE CHIEF JUSTICE Comparing Assistant