Nirupama Hazarika vs The State Of Assam And 3 Ors
2021 Latest Caselaw 214 Gua

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GAHC010152912020




                      THE GAUHATI HIGH COURT
  (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                         Case No. : WP(C)/4593/2020

         NIRUPAMA HAZARIKA
         W/O- MR. BENUDHAR BORAH, R/O- INDRAPRASTHA NAGAR, KOTOKY
         PUKHURI, P.O.- RRL, DIST.- JORHAT, ASSAM, PIN- 785006.



         VERSUS

         THE STATE OF ASSAM AND 3 ORS.
         REP. BY THE COMMISSIONER AND SECY. TO THE GOVT. OF ASSAM,
         DEPTT. OF HIGHER EDUCATION, DISPUR, GHY- 6.

         2:THE DIRECTOR OF HIGHER EDUCATION
         ASSAM
          KAHILIPARA
          GHY- 19.

         3:THE GOVERNING BODY
          CHANDRAKAMAL BEZBARUAH COLLEGE
         TEOK
          JORHAT
         ASSAM.
         REP. BY ITS CHAIRMAN
          P.O.- TEOK
          DIST.- JORHAT
         ASSAM
          PIN- 785112.

         4:THE PRINCIPAL
          CHANDRAKAMAL BEZBARUAH COLLEGE
         TEOK
          P.O.- TEOK
          DIST.- JORHAT
         ASSAM
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             PIN- 785112

Advocate for the Petitioner   : MISS. M BORAH

Advocate for the Respondent : SC, HIGHER EDU

BEFORE HON'BLE MR. JUSTICE MANASH RANJAN PATHAK

25.01.2021

Heard Ms. M. Borah, learned counsel appearing for the petitioner and Mr. K. Gogoi, learned Standing Counsel, Higher Education for respondent Nos. 1 & 2.

2. Pursuant to the order dated 06.11.2020, the petitioner took steps for service of notice on respondent Nos. 3 and 4 by registered post on 11.11.2020 vide Document No. 2/2020. The Registry accordingly under Memo No. 2244-45 dated 18.11.2020 sent notice to respondent Nos. 3 and 4 by registered post with A/D. Further, pursuant to the said order dated 06.11.2020, the petitioner also took steps on respondent Nos. 3 and 4 by dasti/personal service routed through the Registry of this Court and the CKB College, Teok accepted such dasti service on 20.11.2020. To that extent, the petitioner has also filed an affidavit on 08.12.2020. However, the respondent Nos. 3 and 4 inspite of receipt of the notice did not appear in the matter. Hence, this writ petition shall proceeded ex-parte against those two respondent Nos. 3 and 4.

3. The petitioner is the Librarian of Chandra Kamal Bezbaruah College, Teok (for short, 'CKB College, Teok'). Because of loss of 2424 Nos. of books of the college library the authorities of CKB College, Teok by order dated 27.01.2018 placed the petitioner under suspension against which she preferred a writ petition being W.P.(C) No. 1218/2018. Finding that the said order suspension of the petitioner from service dated 27.01.2018 was not in conformity with the provisions of the Assam College Employees (Provincialisation) Act, 2005 as well as the Assam College Employees (Provincialisation) Rules, 2010, it was set aside and quashed by the Court vide order dated 31.05.2018 passed in said W.P.(C) No. 1218/2018. Thereafter, the Director of Higher Education, Assam on 29.11.2018 issued a show cause Page No.# 3/5

notice to the petitioner along with the Statement of Allegations, List of Witnesses and List of Documents, to which the petitioner on 12.12.2018 submitted her reply.

4. The Director of Higher Education, Assam by its order dated 04.02.2019 suspended the petitioner from service under Rule 6 of the Assam Services (Discipline & Appeal) Rules, 1964. On 06.02.2018, the Principal of the College lodged an FIR before the Officer-in-Charge of Teok Police Station against the petitioner with regard to the loss of books, which was registered as Teok P.S. Case No. 43/18 under Section 379 IPC. By order dated 16.03.2018 passed in A.B. No. 423/2018, the petitioner was granted pre-arrest bail by the Court in said Teok P.S. Case No. 43/18. Subsequently, another Police Case being Teok P.S. Case No. 232/2018 under Section 468/471 IPC was registered against the petitioner on the basis of an FIR lodged by the Principal of the college in which the petitioner obtained pre-arrest bail vide order dated 09.08.2018 passed in A.B. No. 1851/2018. The Principal of the college again on 03.01.2019 lodged another FIR before the Officer-in-Charge of Teok Police Station against the petitioner with regard to the theft and loss of those 2424 Nos. of books from the library of the college, which was registered as Teok P.S. Case No. 07/2019 under Sections 294/506 IPC. The Court by order dated 22.02.2019 passed in Criminal Petition No. 186/2019, while allowing the police to go ahead with the investigation of said Teok P.S. Case No. 07/2019, if so advised, at the same time observed that it shall not initiate any coercive action against the petitioner without the leave of the Court.

5. By order dated 25.02.2019 passed in W.P.(C) No. 1208/2019, the Court stayed the order dated 04.02.2019 of the Director of Higher Education, Assam by which the petitioner was placed under suspension as noted above. Accordingly, the Director of Higher Education, Assam by an order dated 01.04.2019 reinstated the petitioner in service. But the respondent college authorities by its resolution did not allow the petitioner to sit in the library of the college and to render her service accordingly. Being aggrieved with such action of the college authority, the petitioner submitted representations before the Director of Higher Education, Assam, which are yet to be disposed of.

6. By judgment dated 13.03.2020 passed in Criminal Appeal No. 31/19, the Additional Sessions Judge, Jorhat set aside the judgment and order dated 31.07.2019 passed by the Judicial Magistrate, First Class, Jorhat in G.R. Case No. 344/2018 arising out of Teok P.S. Case Page No.# 4/5

No. 43/2018 pertaining to loss and theft of 2424 Nos. of books from the library of said CKB College, Teok, whereby the petitioner was convicted under Section 379 IPC.

7. It is contended by the petitioner that though she has been reinstated in service, the respondent college authority debarred her from sitting in the library of the college as its Librarian and asked her to sit in dirty and filthy places of the college and to render her service as Librarian of the college from such place. It is also seen that the representations submitted by the petitioner with regard to such action of the respondent college authority are pending before the Director of Higher Education, Assam, where the Director of Higher Education, Assam is the disciplinary authority of a Librarian of a provincialized college and the petitioner is the Librarian of CKB College, Teok, a provincialised college of the State.

8. After hearing the learned counsels for the parties and considering the entire aspects of the matter, the petitioner is allowed to submit a fresh representation before the Director of Higher Education, Assam stating her grievances along with a certified copy of this order. Petitioner shall furnish a certified copy of this order along with the representation before the Director of Higher Education, Assam on or before 31.03.2021 obtaining necessary acknowledgement from the said authority, in that regard.

9. Upon receipt of such representation of the petitioner along with a certified copy of this order, the Director of Higher Education, Assam within a period of 60 (sixty) days shall dispose of such representation of the petitioner, after hearing the petitioner as well as the respondent Nos. 3 and 4, i.e. the Governing Body of said CKB College, Teok and the Principal of CKB College, Teok.

10. Till disposal of such representation of the petitioner to be furnished by him on or before 31.03.2021, the respondent college authorities, more particularly, the respondent Nos. 3 and 4 shall allow the petitioner to sit in the Library of CKB College, Teok enabling her to discharge her duty as Librarian of the said college.

11. With the aforesaid direction, the writ petition stands disposed of.

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JUDGE

Comparing Assistant