GAUHATI HIGH COURT ISSUES ORDER ON TANKESWAR NATH V/S THE STATE OF ASSAM AND 2 ORS

GUWAHATI, India, May 11 -- Gauhati High Court issued the following order on April 11:

1. Heard Mr. B. Purkayastha , learned counsel for the petitioner and Mr. N.J.Khataniar, learned Standing counsel, School Education for the respondents.

2. These three writ petitions are taken up together for final determination as the dispute is between the same parties and the issues involved in these petitions are also same.

3. The petitioner initially preferred a writ petition being WP(C) No. 5419/2023, challenging an order dated 30.03.2023 by which the respondent No. 4 therein, one Jiten Chandra Barman, was allowed to hold the charge of the post of Principal, Sarthebari Higher Secondary School, Barpeta.

4. The petitioner was not given such benefit primarily on the ground that the petitioner had acquired his M.A. degree in Assamese from Krishna Kanta Handique State Open University (hereinafter referred to as KKHSOU). The ground of refusing such benefit was in terms of Rule 13 of the Assam Civil Service (Conduct) Rules, 1965 (hereinafter referred to as the Rules, 1965).

5. This Court after elaborate discussion, under its order dated 18.12.2023, held that the provision of Rule 13 of the Rules, 1965, cannot be invoked to invalidate any degree acquired by a government employee, the course of study for which the government employee had prosecuted without previous permission from the authorities. Accordingly, the matter was relegated to the Director of Secondary Education, Assam to pass an appropriate order allowing the petitioner to hold the charge of the post of Principal, Sarthebari H.S. School, Sarthebari, after due verification of the particulars of all candidates in the fray.

6. Inspite of such clear findings by the Court, the Director of Secondary Education, Assam passed an order in the shape of order dated 07.04.2024, which is to the effect that the petitioner had committed a misconduct by not obtaining previous permission from the appointing authority for the purpose of studying MA degree in KKHSOU and therefore, he is liable to be proceeded departmentally by disciplinary authority.

7. Such order dated 07.04.2024 issued by the Director of Secondary Education, Assam, is put under challenge in WP(C) No. 2136/2024. This Court by an order dated 22.04.2024, stayed the impugned order dated 07.04.2024.

8. During pendency of the aforesaid writ petition, the petitioner was compelled to file an another writ petition being WP(C) No. 2653/2024 inasmuch as pursuant to the order dated 07.04.2024, a show cause notice was issued on 19.04.2024 by the Inspector of Schools, Barpeta against the present petitioner.

9. Pursuant to such show cause notice, the petitioner filed reply to the same. Thereafter, the Inspector of School, I/c namely, Ratul Kumar Das, AES-I, passed an order on 10.07.2024, by which the petitioner was warned not to claim his seniority as he has violated Rule 13 of the Rules, 1965 by pursuing MA degree from KKHSOU. Subsequently, by another order dated 11.07.2024, the said I/c Inspector of Schools, Barpeta District Circle, Barpeta, imposed the punishment of censure as prescribed in Rule 7(i) of the Assam Services (Discipline & Appeal) Rules, 1964. Such decision is under challenge inWP(C) No. 3917/2024.

10. It is important to note that the petitioner has also challenged the communication dated 19.12.2023 in WP(C) No. 2653/2024. The communication dated 19.12.2023 is the basis of initiation of such proceeding and such communication is also challenged in a separate batch of writ petitions, i.e. WP(C) No. 4205/2024 and WP(C) No. 1683/2024. In the aforesaid writ petitions, a stand has been taken that such proceeding has been initiated by virtue of the determination made by a Co-ordinate Bench in I.A.(Civil) No.2615/2023 (Smti. Mouchumi Saharia Vs. Smriti Rekha Kalita and 3 others).

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=bzPoyUlszYLCUcCpirIpqDePus2wZvqgdTEKbVyyZNXwD2tH5Tn9CwcU%2FxTqsPPh&caseno=WP(C)/2653/2024&cCode=1&cino=GAHC010092872024&state_code=6&appFlag=)

Disclaimer: Curated by HT Syndication.