Santanu Nandan Mazumder vs The State Of Assam And 6 Ors
2023 Latest Caselaw 2032 Gua

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GAHC010099052023




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

                           Case No. : WP(C)/2637/2023

         SANTANU NANDAN MAZUMDER
         S/O- LATE SARADINDU SHEKHAR MAZUMDER ,
         R/O- VILLAGE NIZFULBARI PART I, P.O- SIALTIC, DIST- CACHAR, ASSAM



         VERSUS

         THE STATE OF ASSAM AND 6 ORS.
         REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM,
         ELEMENTARY EDUCATION DEPARTMENT, DISPUR, GUWAHATI-6

         2:THE DIRECTOR OF ELEMENTARY EDUCATION

          ASSAM
          KAHILIPARA
          GUWAHATI-19.

         3:THE DEPUTY COMMISSIONER
          CACHAR
          SILCHAR

         4:THE DISTRICT ELEMENTARY EDUCATION OFFICER

          CACHAR
          SILCHAR

         5:THE BLOCK ELEMENTARY EDUCATION OFFICER
          SALCHAPARA
          CACHAR
         ASSAM

         6:THE BLOCK ELEMENTARY EDUCATION OFFICER
          KATIGORAH
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           CACHAR
           ASSAM

            7:THE DEPUTY INSPECTOR OF SCHOOLS
             SILCHAR
             CACHA
Advocate for the Petitioner : MR. D CHAKRABARTY

Advocate for the Respondent : SC, ELEM. EDU

BEFORE HON'BLE MR. JUSTICE DEVASHIS BARUAH

17.05.2023 Heard Mr. D. Chakraborty, the learned counsel for the petitioner and Mr. N. J. Khataniar, the learned counsel appearing on behalf of the respondent Nos.1, 2, 4, 5, 6 & 7 as well as Mr. S. S. Roy, the learned counsel appearing on behalf of the respondent No.3.

2. The instant writ petition has been filed challenging the enquiry report dated 20.01.2021 as well as the order dated 03.03.2023 issued by the in-Charge, Block Elementary Education Officer, Katigorah, Hilara.

3. Issue notice making it returnable on 26.05.2023.

4. As the respondents are duly represented by their respective counsels, extra copies of the writ petition be served upon them during the course of the day.

5. The case of the petitioner herein is that an enquiry was held against him in terms with the Assam Service (Discipline and Appeal) Rules, 1964, and pursuant thereto, the enquiry report was submitted on 20.01.2021. On the basis of the said enquiry report so submitted, the Director of Elementary Education Department had issued a communication dated Page No.# 3/3

07.02.2023 to the District Elementary Education Officer, Cachar to submit a detail report and suggestion in respect to the Enquiry Report on 20.01.2021 for taking further action in that regard. On the basis of the said communication so issued, the Block Elementary Education Officer, Karimganj had issued a communication dated 03.03.2023 to the petitioner intimating him that the amount of Rs.1,18,800/- shall be recovered from his monthly salary at the rate of 50% of the net salary and one increment has been held up without cumulative effect as per Rules.

6. It is the specific case of the petitioner that in terms with the judgment of the Supreme Court in the case of Managing Director Ecil Hyderabad vs. B. Karunakar, reported in (1993) 4 SCC 727, the petitioner

has a right to represent upon being show caused by the Disciplinary Authority against the enquiry report. However, the same having not been done, it is, therefore, the case of the petitioner that the impugned order dated 03.03.2023 needs to be interfered with.

7. The learned counsel appearing on behalf of the Elementary Education Department shall apprise this Court on the next returnable date as to whether any show cause notice has been issued to the petitioner pursuant to the enquiry report thereby serving him a copy of the enquiry report and asking him to show cause as to why action should not be taken pursuant to the enquiry report.

8. List accordingly.

JUDGE

Comparing Assistant