Gauhati High Court
Page No.# 1/8 vs Dr. Manoj Kumar Paul And 2 Ors on 10 June, 2022
Page No.# 1/8
GAHC010075962022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/1258/2022
GOVERNING BODY,
WOMENS COLLEGE, SILCHAR, REPRESENTED BY ITS PRESIDENT, DIST.
CACHAR, ASSAM PIN-788001
2: DR. SANKAR BHATTACHARJEE
PRESIDENT
GOVERNING BODY
WOMENS COLLEGE
SILCHAR
DIST. CACHAR
ASSAM
PIN-78800
VERSUS
DR. MANOJ KUMAR PAUL AND 2 ORS
S/O SRISTIDHAR PAUL, R/O AJC BOSE LANE, HAILAKANDI ROAD,
SILCHAR, DIST. CACHAR, ASSAM, PIN-788015
2:STATE OF ASSAM
REP. BY THE ADDITIONAL CHIEF SECRETARY TO THE GOVT. OF ASSAM
HIGHER EDUCATION
DISPUR
GUWAHATI-781006
ASSAM
3:DIRECTOR OF HIGHER EDUCATION
ASSAM
KAHILIPARA
GUWAHATI-78101
Advocate for the Petitioner : MR. K N CHOUDHURY
Advocate for the Respondent :
Page No.# 2/8
Linked Case : WP(C)/8333/2019
MANOJ KUMAR PAUL
R/O- AJC BOSE LANE
HAILAKANDI ROAD
SILCHAR
DIST- CACHAR
ASSAM
PIN- 788015
VERSUS
THE STATE OF ASSAM AND 4 ORS
REP. BY THE ADDITIONAL CHIEF SECRETARY TO THE GOVT OF ASSAM
HIGHER EDUCATION
DISPUR
GUWAHATI- 6
2:THE DIRECTOR OF HIGHER EDUCATION
ASSAM
KAHILIPARA
GHY- 19
3:GOVERNING BODY WOMENS COLLEGE
SILCHAR
REP. BY ITS PRESIDENT
DIST- CACHAR
ASSAM
PIN- 788001
4:DR SANKAR BHATTACHARJEE
PRESIDENT GOVERNING BODY
WOMENS COLLEGE
SILCHAR
DIST- CACHAR
ASSAM
PIN- 788001
5:SMT MADHUMITA DAS
PRESIDING OFFICER
INTERNAL COMPLAINT COMMITTEE
WOMENS COLLEGE
SILCHAR
DIST- CACHAR
ASSAM
Page No.# 3/8
------------
Advocate for : MR. B CHAKRABORTY
Advocate for : SC
HIGHER EDU appearing for THE STATE OF ASSAM AND 4 ORS
Linked Case : WP(C)/5529/2020
DR. MANOJ KUMAR PAUL
R/O A.J.C. BOSE LANE
HAILAKANDI ROAD
SILCHAR
DIST. CACHAR
ASSAM
PIN-788015
VERSUS
THE STATE OF ASSAM AND 3 ORS
REP. BY THE ADDITIONAL CHIEF SECRETARY TO THE GOVT. OF ASSAM
HIGHER EDUCATION
DISPUR
GUWAHATI-6
2:DIRECTOR OF HIGHER EDUCATION ASSAM
KAHILIPARA
GUWAHATI-781019
3:GOVERNING BODY
WOMENS COLLEGE SILCHAR REP. BY ITS PRESIDENT DIST. CACHAR
ASSAM
PIN-788001
4:SANKAR BHATTACHAARJEE
PRESIDENT
GOVERNING BODY
WOMENS COLLEGE SILCHAR
DIST. CACHAR
ASSAM
PIN-788001
------------
Advocate for : MR B CHAKRAVORTY
Advocate for : SC
HIGHER EDU appearing for THE STATE OF ASSAM AND 3 ORS
Linked Case : WP(C)/877/2021
Page No.# 4/8
DR. MANOJ KUMAR PAUL
R/O A.J.C. BOSE LANE
HAILAKANDI ROAD
SILCHAR
DIST. CACHAR
ASSAM
PIN 788015
VERSUS
THE STATE OF ASSAM AND 3 ORS
REPRESENTED BY THE ADDITIONAL CHIEF SECY. TO THE GOVT. OF
ASSAM
HIGHER EDUCATION
DISPUR
GUWAHATI 6
2:DIRECTOR OF HIGHER EDUCATION
ASSAM
KAHILIPARA
GUWAHATI 781019
3:GOVERNING BODY
WOMEN'S COLLEGE
SILCHAR
REPRESENTED BY ITS PRESIDENT
DIST. CACHAR
ASSAM PIN 788001
4:DR. SANKAR BHATTACHARJEE
PRESIDENT
GOVERNING BODY
WOMEN'S COLLEGE
SILCHAR
DIST. CACHAR
ASSAM
PIN 788001
------------
Advocate for : MR. B CHAKRABORTY
Advocate for : SC
HIGHER EDU appearing for THE STATE OF ASSAM AND 3 ORS
Linked Case : WP(C)/2870/2019
Page No.# 5/8
MANOJ KUMAR PAUL
R/O A.J.C.BOSE LANE
HAILAKANDI ROAD
SILCHAR
DIST.-CACHAR
ASSAM
PIN-788015
VERSUS
THE STATE OF ASSAM AND 3 ORS.
REP. BY THE ADDITIONAL CHIEF SECRETARY TO THE GOVT. OF ASSAM
HIGHER EDUCATION
DISPUR
GUWAHATI-6
2:DIRECTOR OF HIGHER EDUCATION
ASSAM
KAHILIPARA
GUWAHATI-781019
3:GOVERNING BODY
WOMENS' COLLEGE
SILCHAR
REP. BY ITS PRESIDENT
DIST.-CACHAR
ASSAM
PIN-788001
4:SANKAR BHATTACHAARJEE
PRESIDENT
GOVERNING BODY
WOMEN' COLLEGE
SILCHAR
DIST.-CACHAR
ASSAM
PIN-788001
------------
Advocate for : MR. B CHAKRABORTY
Advocate for : SC
HIGHER EDU appearing for THE STATE OF ASSAM AND 3 ORS.
Page No.# 6/8
BEFORE
HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA
ORDER
Date : 10.06.2022
Heard Mr. K.N. Choudhury, learned Senior counsel for the
applicant in I.A.(Civil) No. 1258/2022 and Mr. S. Chakraborty,
learned counsel for the writ petitioner in WP(C) No. 877/2021. Also
heard Mr. S. Bhuyan, learned counsel for the respondents being the
authorities in the Higher Education Department, Government of
Assam.
2. By the interlocutory application i.e. I.A.(Civil) No. 1258/2022,
a modification of the order dated 08.03.2022 in WP(C) No. 877/2021
is being sought for. By the said interim order, a resolution dated
22.01.2021 of the Governing Body of Women's College, Silchar had
been stayed. By the said resolution of 22.01.2021, the Governing
Body, in view of the findings of the ICC (Internal Complaints
Committee) under the Sexual Harassment of Women at Workplace
(Prevention, Prohibition and Redressal) Act, 2013, had resolved to
place the writ petitioner Dr. Manoj Kumar Paul under suspension
from the post of Principal-cum-Secretary of the Women's College. No
reasoning is recorded in the interim order as to why the said
resolution was stayed other than providing that if the interim order
would be in place if the resolution was not given effect. As no prima
facie case has been recorded, we required the learned counsel for
the writ petitioner to raise the contention as to why the resolution of
Governing Body placing the petitioner under suspension should be
Page No.# 7/8
further continued with an interim order of stay.
3. Mr. S. Chakraborty, learned counsel for the writ petitioner
expresses inconvenience to the extent that Mr. B. Das, learned
senior counsel is not available today.
4. Be that as it may, it is also taken note of that WP(C) No.
5529/2020 had been instituted by the same writ petitioner Dr. Manoj
Kumar Paul against the communication dated 27.11.2020, of the
Governing Body of the College by which the writ petitioner was
removed from the post of Principal. The Court, prima facie found
that the said resolution was not taken as per the requirements of
law and accordingly, it was stayed.
5. Mr. K.N. Choudhury, learned senior counsel for the Governing
Body of Women's College, Silchar has made a categorical statement
that the Governing Body of the College do not intend to pursue with
the said resolution dated 27.11.2020. In view of such statement of
learned senior counsel, Mr. K.N. Choudhury, we declare that the
resolution dated 27.11.2020 to be non-existent and it be not taken
into consideration for any further purpose. But, however, in the order
dated 21.12.2020, in WP(C) No. 5529/2022, it was also provided
that the Governing Body of the College and the Disciplinary Authority
of the writ petitioner shall not be precluded from proceeding further
in the matter, in furtherance to the provisions of Section 13(3) of the
Act of 2013. It was further clarified that in other words, as Section
13(3) of the Act of 2013 refers to the Assam Service (Discipline and
Appeal) Rules, 1964, it would be open for the respondents as well as
the Disciplinary Authority to invoke any of the provisions of the said
Page No.# 8/8
Rules of 1964 if so advised. The said clarification was made on a
tentative basis in the order dated 21.12.2020, inasmuch as, the
procedure to be adopted subsequent to the enquiry report by the
ICC was still under judicial consideration of the Court in another case
in Ananta Prasad Vs. Gauhati High Court & Ors. reported in
2021 (4) GLT 612. It is stated that in the meantime, as the
judgment in the aforesaid writ petition had been delivered and the
procedure to be followed subsequent to enquiry report by the ICC
had been laid on.
6. We are now of the view that the tentative observation in the
order dated 21.12.2020 in WP(C) No. 5529/2020 can now be
converted to be a final requirement by following the procedure to be
followed as provided in the judgment dated 09.09.2021 in Ananta
Prasad (Supra). From such point of view, a final consideration can
also be given to issues raised in WP(C) No. 5529/2020. But as an
inconvenience is expressed as regards the learned senior counsel Mr.
D. Das, we propose to continue with the further hearing on the next
returnable date.
List on 20.06.2022.
JUDGE
Comparing Assistant
