Gauhati High Court
Sri Dinesh Kalita vs State Of Assam And 5 Ors on 12 September, 2022
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GAHC010042962019
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Review.Pet./81/2019
SRI DINESH KALITA
S/O- LATE UMARAM KALITA, R/O- VILL. AND P.O. DEODUWAR, DIST.-
KAMRUP, ASSAM.
VERSUS
STATE OF ASSAM AND 5 ORS.
REP. BY THE COMMISSIONER AND SECY. EDUCATION (SECONDARY)
DEPARTMENT, DISPUR, GUWAHATI-6.
2:THE DIRECTOR OF SECONDARY EDUCATION
KAHILIPARA
GUWAHATI-19.
3:THE INSPECTOR OF SCHOOLS
KAMRUP DISTRICT CIRCLE
KAHILIPARA
GUWAHATI-19.
4:THE SCHOOL MANAGING COMMITTEE
RAJENDRA KALITA VIDYAPITH HIGH SCHOOL
HENGRABARI
REP. BY PRESIDENT SCHOOL MANAGING COMMITTEE
RAJENDRA KALITA VIDYAPITH HIGH SCHOOL
HENGRABARI
GHY-16.
5:SRI BISWA PRADIP KALITA
SECRETARY SCHOOL MANAGING COMMITTEE
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RAJENDRA KALITA VIDYAPITH HIGH SCHOOL
HENGRABARI
GHY-16.
6:SRI DHRUBAJYOTI MEDHI
I/C PRINCIPAL RAJENDRA KALITA VIDYAPITH HIGH SCHOOL
HENGRABARI
GHY-16
Advocate for the Petitioner : MR S SARMA
Advocate for the Respondent : SC, SEC. EDU.
BEFORE
HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA
ORDER
Date : 12-09-2022
Heard Mr. G Goswami, learned counsel for the review petitioner. Also heard Ms. D
Mushahary, learned counsel for the respondents no. 1, 2 and 3 being the authorities under
the Secondary Education Department, Government of Assam and Mr. P Hazarika, learned
counsel for the respondents no. 4, 5 and 6.
2. WP(C)/6581/2005 was instituted by Dinesh Kalita, being aggrieved by the
communication dated 15.07.2005 of the School Managing Committee of the respondent
school by which the review petitioner was removed from service. Although none appeared for
the writ petitioner/review petitioner when the said writ petition was heard, in paragraph 6 of
the judgment dated 04.05.2017, it had been recorded that Mr. P Hazarika, learned counsel for
the School Managing Committee had referred to an enquiry report in the resolution dated
13.05.2005 of the school authorities and that the enquiry was conducted by a three member
committee comprising of Smti Ranju Borah, Sri Haranath Das and Sri Pradip Kalita.
3. Accordingly, by taking on board the enquiry report, the judgment dated 04.05.2017
was passed by which the writ petition was dismissed. This review petition is instituted on the
ground that one of the members of the committee Sri Pradip Kalita is the brother of
respondent no. 5 namely, Sri Biswa Pradip Kalita, the Secretary of the School Managing
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Committee. Accordingly, a question is raised that one of the members of the enquiry
committee being an interested person in the dispute, the entire enquiry itself would be
vitiated.
4. According to the petitioner, the said information came to light only after the judgment
dated 04.05.2017 was delivered wherefrom the petitioner came to know that the enquiry
itself was conducted in a vitiated manner. As the said aspect would have to be a relevant
consideration in the writ petition WP(C)/6581/2005 inasmuch as the entire judgment was
rendered on the basis of the enquiry report submitted by the aforesaid enquiry committee,
therefore, we are of the view that the interest of justice requires the judgment dated
04.05.2017 in WP(C)/6581/2005 to be recalled.
5. On the aforesaid reason, the judgment dated 04.05.2017 in WP(C)/6581/2005 is
recalled and WP(C)/6581/2005 is restored to file for a fresh consideration as per law.
6. The explanation that Mr. P Hazarika, learned counsel seeks to make as regards the
composition of the enquiry committee, may be raised in the writ petition when the matter
would be heard.
7. Review petition stands allowed as indicated above.
JUDGE
Comparing Assistant
