Gouri Sankar Biswas vs The State Of Assam And 2 Ors
2022 Latest Caselaw 80 Gua

                                                                        Page No.# 1/3

GAHC010227252021




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

                                  Case No. : WP(C)/87/2022

            GOURI SANKAR BISWAS
            S/O. LT. GOPAL CH. BISWAS, R/O. VIVEKANANDA PALLY, P.O. R. K. NAGAR,
            DIST. KARIMGANJ, ASSAM, PIN-788166.



            VERSUS

            THE STATE OF ASSAM AND 2 ORS
            REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM, EDUCATION
            (HIGHER) DEPTT., DISPUR, GUWAHATI-781006.

            2:THE DIRECTOR OF HIGHER EDUCATION

             ASSAM
             KAHILIPARA
             GUWAHATI-781019.

            3:THE GOVERNING BODY

             R. K. NAGAR COLLEGE
             KARIMGANJ
             ASSAM
             REP. BY THE PRESIDENT OF GOVERNING BODY

Advocate for the Petitioner   : MS. P CHAKRABORTY

Advocate for the Respondent : SC, HIGHER EDU




                                 BEFORE
            HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA
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                                        ORDER

Date : 07-01-2022

Heard Ms. A. Das, learned counsel for the petitioner. Also heard Mr. K. Gogoi, learned counsel for the respondents No.1 and 2 being the authorities under the Higher Education Department of the Govt. of Assam.

2. Considering the nature of the order proposed to be passed notice need not be issued to the respondent No.3.

3. The petitioner is an UD Assistant in the R.K. Nagar College, Karimganj and was placed under suspension by the order dated 19.04.2021. The order of suspension was assailed in WP(C) 3042/2021 in which the order dated 04.08.2021 was passed and by the said order without interfering with the order of suspension it was directed that the Director of Higher Education would carry forward the disciplinary proceeding initiated against the petitioner by the show cause notice dated 02.07.2021 and bring the same to its logical end within a period of three months from the date of receipt of the certified copy of the order.

Apparently three months is over since the date of judgment dated 04.08.2021.

4. This petition is instituted on the grievance that inspite of the period of three months having been over, the proceeding has not been brought to its logical end.

5. Mr. K. Gogoi, learned counsel for the respondents in the Higher Education Department states that on the same issue a contempt petition has also been instituted by the petitioner in which no notice was issued, but required the learned counsel to provide the information as to why the disciplinary proceeding has not been completed.

6. Mr. K. Gogoi, learned counsel states that he has obtained the information that the hearing process in the departmental proceeding is already over and the consequential order would be pass within a period of two weeks.

7. We record the said statement of Mr. K. Gogoi, learned counsel consider it to Page No.# 3/3

be the stand of the Director of Higher Education. As the hearing in the departmental proceeding is already over and the consequential order would be passed within two weeks, we are of the view that no further order is required in this petition. However we reiterate that the departmental proceeding be brought to its finality within a period of four weeks from today without any fail. We are granting two more weeks time so as to ensure that the respondents complete the further requirement.

With the above observation, the writ petition stands closed.

JUDGE

Comparing Assistant