Phulendra Kalita vs The State Of Assam And 3 Ors
2022 Latest Caselaw 2043 Gua

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GAHC010103032022




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

                          Case No. : WP(C)/3755/2022

         PHULENDRA KALITA
         S/O LATE KASHINATH KALITA, INSPECTOR OF SCHOOL, BARPETA (LAST
         PLACE OF POSTING), R/O VILL- JYOTINAGAR, P.S. AND P.O.-PATSHALA,
         DIST- BARPETA, ASSAM, PIN-781325



         VERSUS

         THE STATE OF ASSAM AND 3 ORS
         REPRESENTED BY THE SECRETARY TO THE GOVT. OF ASSAM,
         DEPARTMENT OF SECONDARY EDUCATION, BLOCK-C, ASSAM CIVIL
         SECRETARIAT, JANATA BHAWAN, DISPUR, GUWAHATI, ASSAM, PIN-781006

         2:THE ADDITIONAL SECRETARY TO THE GOVT. OF ASSAM
          DEPARTMENT OF SECONDARY EDUCATION
          BLOCK-C
         ASSAM CIVIL SECRETARIAT
          JANATA BHAWAN
          DISPUR
          GUWAHATI
         ASSAM
          PIN-781006

         3:THE DIRECTOR OF SECONDARY EDUCATION
         ASSAM
          KAHILIPARA
          GUWAHATI
         ASSAM
          PIN-781019

         4:THE INSPECTOR OF SCHOOLS
          BARPETA DISTRICT CIRCLE
          BARPETA
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              ASSA

Advocate for the Petitioner   : MR. A K DUTTA

Advocate for the Respondent : SC, SEC. EDU.




                                  BEFORE
             HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA

                                          ORDER

Date : 08.06.2022

An objection has been raised by Mr. R Mazumdar, learned counsel for the Secondary Education Department, Government of Assam that there is an incorrect averment being made in paragraph 8 of the writ petition that by the order dated 05.02.2021 in I.A.(Crl) No. 46/2021 there is a suspension of the order of sentence and conviction dated 28.12.2020 passed in Special Case No. 15/2017 by the learned Special Judge, Assam.

We have been taken to the part of the order of the learned Special Judge, the relevant portion of which is at page-93 and in paragraph 8 thereof wherein it is provided that the sentence imposed by the learned Special Judge, Assam by the judgment dated 28.12.2020 is suspended till disposal of the criminal appeal. In other words, in the order of Court there is no mention that the conviction had been suspended.

In the circumstance, adjourned on the prayer of Mr. B D Das, learned senior counsel for the petitioner.

List after a week.

JUDGE

Comparing Assistant