Paresh Ch Deka vs Mamata Hojai
2023 Latest Caselaw 4857 Gua

Gauhati High Court

Paresh Ch Deka vs Mamata Hojai on 4 December, 2023

Author: Achintya Malla Bujor Barua

Bench: Achintya Malla Bujor Barua

                                                                     Page No.# 1/2

GAHC010271652023




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

                                Case No. : Cont.Cas(C)/720/2023

            PARESH CH DEKA
            S/O- LATE DHARANIDHAR DEKA,
            HEAD MASTER OF PATIDARRANG VIDYAPITH HIGH SCHOOL,
            R/O- VILL. MUKTAPUR,
            P.O.- LOCH,
            P.S. BAIHATA CHARIALI,
            DIST.- KAMRUP, ASSAM.



            VERSUS

            MAMATA HOJAI, AES
            DIRECTOR CUM DISCIPLINARY AUTHORITY,
            SECONDARY EDUCATION, ASSAM,
            KAHILIPARA, GUWAHATI-19.



Advocate for the Petitioner   : MR. M J BARUAH

Advocate for the Respondent :




                                 BEFORE
            HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA

                                           ORDER

Date : 04.12.2023

Heard Mr. M.J. Baruah, learned counsel for the petitioner.

2. Considering the nature of the grievance raised in this contempt petition, Page No.# 2/2

we are required the presence of Mr. S.M.T. Chistie, learned counsel for the Secondary Education Department.

3. By the order dated 19.04.2023 in WP(C) No. 6991/2022 in paragraph 21 thereof, the Director of Secondary Education, Assam was required to take appropriate steps for appointment of a new Enquiry Officer and thereafter the departmental proceeding against the petitioner be brought to its logical conclusion within a period of six months from the date of the judgment and order.

4. It is stated that the departmental proceeding is yet to be completed although the period of six months is over. But at the same time, it is also stated that the petitioner would retire from service in the month of January, 2024.

5. In view of the imminent retirement of the petitioner from service, we are of the view that instead of issuing notice in the contempt petition, the interest of justice would be served on a consequential direction being issued to the Director of Secondary Education, Assam.

6. Accordingly, the Director of Secondary Education, Assam is directed to do the needful and complete the departmental proceeding against the petitioner on or before 31.12.2023.

7. Contempt petition stands disposed of as indicated above.

8. A copy of this order be provided to Mr. S.M.T. Chistie, learned counsel for the Secondary Education Department for onward transmission of the same to the Director of Secondary Education, Assam.

JUDGE

Comparing Assistant