Page No.# 1/4 vs Hemanta Kumar Rajkumar
2023 Latest Caselaw 1398 Gua

                                                                     Page No.# 1/4

GAHC010085872019




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

                               Case No. : Cont.Cas(C)/226/2019

            MUKIBUR RAHMAN AND ANR.
            S/O LT. KENDU KHAN, R/O KHALISA BHITA, DIST.-GOALPARA, ASSAM

            2: ABDUS SAMAD
             S/O LT. RIAZUDDIN
             R/O VILL- SATISIA
             P.O. ZAMADARHAT
             DIST.-DHUBRI
            ASSA

            VERSUS

            HEMANTA KUMAR RAJKUMAR
            INSPECTOR OF SCHOOLS, DHUBRI DISTRICT CIRCLE AND SECRETARY,
            DISTRICT LEVEL SCRUTINY COMMITTEE, DHUBRI, ASSAM, PIN-783301



Advocate for the Petitioner   : MR. D P CHALIHA

Advocate for the Respondent : MR. B DEORI, GA ASSAM




                                   BEFORE
                   HONOURABLE MR. JUSTICE KALYAN RAI SURANA

                                          ORDER

Date : 03.04.2023 Mr. D. P. Chaliha, learned senior counsel assisted by Mr. U. P. Chaliha, learned counsel for the petitioners. Also heard Mr. B. Deori, learned counsel for Page No.# 2/4

the respondent No. 1.

The learned counsel for the respondent No. 1 has submitted that as per instructions received from the Principal of Hamidabad College, Satisia, Dhubri, the old registers of the College was not handed over by the earlier Principal. Accordingly, the present Principal, namely, Shahadot Ali had lodged a complaint case before the Court of Chief Judicial Magistrate, Dhubri on 22.04.2010 which was subsequently registered as G.R. No. 67/2010 arising out of Fakirganj Police Station case registered under Section 406/408/420/468/506 of the IPC. By producing a status report in connection with this case which is prepared by the Deputy Commissioner, Dhubri, it is projected that the District Scrutiny Committee on going through various records did not find the list of teaching and non-teaching staff. The documents examined by the District Scrutiny Committee included the attendance register, the acquaintance role and the record of remuneration. It is also mentioned in the report of the Deputy Commissioner, Dhubri that the Scrutiny Committee could not ascertain the genuine claim of the petitioner because the Principal of Hamidabad College, Satisia, Dhubri could not produce the proceedings book relating to appointment of the petitioners. Accordingly, the District Scrutiny Committee, Dhubri arrived at a decision that although the contempt petitioners were appointed but they have neither attended the college nor have they rendered services as Grade-IV employees since 27.06.1998.

From the website of the District Judiciary, Dhubri, the final order dated 28.08.2015 in G.R. Case No. 67/2010 reads as follows:-

"Accused present.

Judgment is delivered in open Court.

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In my considered opinion, the accused found not guilty and hence, accused is acquitted of this case and set at liberty forthwith.

Case is disposed of accordingly.

J.M.F.C."

In view of the information available in the website of District Judiciary, Dhubri, it appears that proceedings of G.R. No. 67/2010 has been dismissed by order dated 28.08.2015 with acquittal of the accused persons. Therefore, the basis on which the District Scrutiny Committee headed by the Deputy Commissioner, Dhubri is relying on the statement of the present Principal regarding non-production of record is required to be disclosed and examined as the reason assigned does not appear to be good.

Therefore, having noted that the personal appearance of the respondents has not been exempted till date, this Court is inclined to direct the respondents, namely, Sri Hemanta Kumar Rajkumar, Inspector of Schools, Dhubri District Circle & Secretary, District Level Scrutiny Committee, Dhubri, Assam to personally appear on 26.04.2023 at 10:30 am.

The learned counsel for the respondent No. 1 submits that the present respondent is not the present Inspector of School, Dhubri. The present incumbent is Mr. Ratul Kumar Das. The learned counsel for the petitioners shall take note of the same and if so advised, issue notice to the present incumbent of his requirement to comply with the order of this Court, and then file an application for impleading.

The learned counsel for the respondent No. 1 shall send downloaded copy of this order to the respondent through the office of the Inspector of Schools, which would constitute notice to the respondent to appear.

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List this matter on 26.04.2023 for personal appearance of respondent.

The instructions produced are retained on record.

JUDGE

Comparing Assistant