Gauhati High Court
Fazlur Rahman Laskar vs Mojibur Rahman Barbhuiya And 6 Ors on 22 August, 2023
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GAHC010118432023
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Review.Pet./70/2023
FAZLUR RAHMAN LASKAR
S/O LT. HABIBUR RAHMAN LASKAR,
VILL.- BRAHMANGRAM, P.O.- KALAIN, P.S.- KATIGORAH, DIST.- CACHAR,
ASSAM, PIN- 788815.
VERSUS
MOJIBUR RAHMAN BARBHUIYA AND 6 ORS.
S/O- LATE ABDUL RAHIM BARBHUIYA, R/O- CHIPASANGOR, P.O-
HIPARSANGAN, P.S- HAILAKANDI, DIST- HAILAKANDI, ASSAM, PIN-
788801.
2:THE STATE OF ASSAM
REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM
EDUCATION DEPTT. (ELEMENTARY)
DISPUR
GUWAHATI- 6.
3:THE SECRETARY
TO THE GOVT OF ASSAM
FINANCE (BUDGET) DEPARTMENT
DISPUR
GUWAHATI- 06.
4:THE DIRECTOR OF ELEMENTARY EDUCATION
ASSAM
KAHILIPARA
GUWAHATI- 19.
5:THE DISTRICT ELEMENTARY EDUCATION OFFICER
HAILAKANDI
DIST.- HAILAKANDI
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ASSAM
PIN- 788151.
6:THE DEPUTY INSPECTOR OF SCHOOLS
HAILAKANDI
P.O AND P.S.- HAILAKANDI
DIST.- HAILAKANDI
ASSAM
PIN- 788151.
7:THE TREASURY OFFICER
HAILAKANDI
P.O AND P.S.- HAILAKANDI
DIST.- HAILAKANDI
ASSAM
PIN- 788151
Advocate for the Petitioner : MR. S B LASKAR
Advocate for the Respondent : SC, ELEM. EDU
BEFORE
HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA
O R D E R
22.08.2023
Mr. Fazlur Rahman Laskar, the review petitioner is personally present before
the Court and takes a stand that the writ petitioner was placed under
suspension inasmuch as, there was a complaint dated 21.11.2018 by one Hifjur
Rahman Laskar, Chairman, Barak Development Parishad, who introduced himself
to be a primary member of the Indian National Congress and had sought for
some party ticket to contest the election of President of North Narayanpur Gaon
Panchayat. The complainant also stated that the writ petitioner Mojibur Rahman
Barbhuiya, who is a Government Teacher is also a well known spokesperson of
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the Hailakandi district Congress Committee. But he is more busy with his
political activities and not performing his duties as a teacher well and therefore,
the political entity required the District Elementary Education Officer, Hailakandi
to make an enquiry and take suitable action.
Based upon the said complaint dated 21.11.2018, it is the claim of the
review petitioner namely Fazlur Rahman Laskar that he had ordered an enquiry
to be conducted and accordingly B.T Laskar, attached officer to the District
Elementary Education Officer had submitted a report that the local public had
reported that Mojibur Rahman Barbhuiya attended school half a day and there is
no other teacher in the school and he himself maintains the attendance register
and due to negligence in his duties, the education environment in the school is
totally collapsed.
The attached officer to the DEEO also stated that it is a fact that Mojibur
Rahman Barbhuiya is irregular in his duties.
The review petitioner claims that it is on the basis of the aforesaid two
materials, the writ petitioner Mojibur Rahman Barbhuiya was placed under
suspension and not because as stated in the enquiry report relied upon by the
Court in its judgment dated 01.06.2022 in WP(C) No. 2279/2022 that the
suspension was effected because Mojibur Rahman Barbhuiya had made an
application requesting a transfer.
Mr. Fazlur Rahman Laskar, who is personally present shall produce the
complete records of ordering the enquiry and under what circumstance the
enquiry was ordered and why the review petitioner deemed it appropriate to
cause an enquiry on the basis of a complaint made by some political entity.
For the purpose of producing the record, the review petitioner is allowed to
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inspect the records in the office of the DEEO, Hailakandi and whatever
document is sought to be relied from the record, a photocopy thereof be
provided to the review petitioner, but the examination be done in the presence
of the DEEO, Hailakandi.
List the matter again on 12.09.2023.
JUDGE
Comparing Assistant
