Gauhati High Court
Santanu Nandan Mazumder vs The State Of Assam And 6 Ors on 3 May, 2023
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GAHC010076802023
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/3428/2020
SANTANU NANDAN MAZUMDER
S/O- LT. SARADINDU SHEKHAR MAZUMDER
R/O- VILL- NIZFULBARI
PT.- 1
P.O. SIALTIC
DIST.- CACHAR
ASSAM
VERSUS
THE STATE OF ASSAM AND 6 ORS.
REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM
DEPTT. OF EDUCATION (ELEMENTARY). DISPUR
GHY-6
2:THE DIRECTOR
ELEMENTARY EDUCATION
ASSAM
KAHILIPARA
GHY-19
3:THE DY. COMMISSIONER
CACHAR
SILCHAR
4:THE DISTRICT ELEMENTARY EDUCATION OFFICER
CACHAR
SILCHAR
5:THE BLOCK ELEMENTARY EDUCATION OFFICER
SALCHAPRA
DIST.- CACHAR
ASSAM
6:THE BLOCK ELEMENTARY EDUCATION OFFICER
KATIGORAH
DIST.- CACHAR
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ASSAM
7:THE DY. INSPECTOR OF SCHOOLS
SILCHAR
DIST.- CACHAR
------------
Advocate for : MR. D CHAKRABARTY
Advocate for : SC
ELEM. EDU appearing for THE STATE OF ASSAM AND 6 ORS.
BEFORE
HON'BLE MR. JUSTICE MANASH RANJAN PATHAK
ORDER
03-05-2023
Heard Mr. D. Chakrabarty, learned counsel for the petitioner and Mr. P.K.Borah, learned Standing
counsel, Department of School Education, Assam for the respondent Nos. 1, 2 & 4 to 7. Also heard Mr.
G. Bokolial, learned Government Advocate, Assam for the respondent No. 3.
2. The petitioner, Headmaster of Kaliprasad M.V.School, Katigorah, District-Cachar was arrested in
pursuance of the judgment and order dated 05.12.2019 passed by the learned Additional Chief
Judicial Magistrate, Cachar, Silchar in N.I.Case No. 112/2017, pursuant to which, he was placed under
suspension by order under Memo No. EAA/B/78/2019/29 dated 17.06.2020 issued by the Director of
Elementary Education, Assam and on 26.06.2020, a departmental proceeding was drawn against him
by the District Elementary Education Officer (DEEO), Cachar, Silchar.
3. Later, Criminal Appeal Case No. 61/2019 was preferred by the petitioner against the judgment
and his conviction dated 05.12.2019 passed by the learned Additional Chief Judicial Magistrate,
Cachar, Silchar in said N.I. Case No. 112/2017. Said N.I. Case No. 112/2017 was compromised
between the parties as per Section 147 of the Negotiable Instruments Act, 1881 on 28.07.2020 and
the judgment and conviction of the petitioner dated 05.12.2019 passed by the learned Additional
Chief Judicial Magistrate, Cachar, Silchar in said N.I.Case No. 112/2017 was set aside.
4. The petitioner stated that by order dated 15.05.2021 issued by the Director of Elementary
Education (DEE), Assam, the petitioner was reinstated in service with immediate effect and was
posted in his original place of posting in Kali Prasad M.V. School w.e.f. the date of joining and further
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that the DEE, Assam by his communication under No. EHA/B/37/2020/227 dated 07.02.2023 directed
the DEEO, Cachar, Silchar to prepare the proposal pertaining to arrear salary of the petitioner wherein
the District Elementary Education Officer, Cachar-cum-Presenting Officer and the Deputy Director-
cum-Enquiry Officer after hearing the petitioner on 20.01.2021 imposed certain penalties while
reinstating him in original place of posting i.e., Kaliprasad M.V. School as Headmaster.
5. By filing the connected interlocutory application being I.A.(C) No. 982/2023, the petitioner has
brought the subsequent facts to the notice of the Court.
6. On instruction of the petitioner, Mr. Chakrabarty, learned counsel for the petitioner, prays for
withdrawal of this writ petition with a liberty to file afresh as and when any fresh cause of action
arises. With regard to the same, the learned counsels for the respondents have no objection.
7. Prayer is allowed.
8. Accordingly, this writ petition stands dismissed on withdrawal.
9. Liberty as prayed for, so granted.
JUDGE
Comparing Assistant
