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2025 DAILYLAW 12373 (GAU)

SUPARNA ROY v. THE STATE OF ASSAM AND 2 ORS

WP(C)/2724/2024 · 2025-02-04

Michael Zothankhuma

Writ Petition (Civil)body2025

Judgment text

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Page No.# 1/3 GAHC010102202024 2025:GAU-AS:1165 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2724/2024 SUPARNA ROY W/O- MONOJ KUMAR ROY, R/O- LAKHIBAZAR ROAD, P.O. P.S. AND DIST.- KARIMGANJ (ASSAM). VERSUS THE STATE OF ASSAM AND 2 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, DEPARTMENT OF SCHOOL EDUCATION, DISPUR, GUWAHATI, ASSAM, PIN- 781006. 2:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI-19. 3:THE DISTRICT ELEMENTARY EDUCATION OFFICER KARIMGANJ PIN- 788710 Advocate for the Petitioner : MS. R CHOUDHURY, MS F N ZAMAN,MS. B. HAZARIKA Advocate for the Respondent : SC, ELEM. EDU, Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA ORDER Date : 05.02.2025 1. Heard Ms. F.N.Zaman, learned counsel for the petitioner while Mr. G.Pegu, learned counsel appears for the Elementary Education Department. 2. The petitioner is presently serving as Assistant Teacher of 1239 No. Bibekananda Harizan LPS, Karimganj and she applied for mutual transfer along with one Mousumi Das of 828 Radha Nagar LPS, Cachar. The petitioner reconsidered her application for mutual transfer and decided to withdraw her application and she accordingly informed the concerned authorities. However, the Director of Elementary Education, Assam issued the order dated 19th of October, 2023. Being aggrieved, petitioner filed WP(C)/6595/2023 and this Court vide order dated 17.11.2023 stayed the transfer order dated 19.10.2023 and also the order by which the Block Elementary Education Officers/Deputy Inspector of Schools/ District Elementary Education Officers were directed to release all such teachers who had been transferred vide order dated 01.11.2023. By the order dated 17.11.2023, it was observed that filing of the writ petition would not be a bar for the respondents to dispose of the representations dated 08.05.2023 and 26.10.2023 submitted by the petitioner. 3. The representation of the petitioner was disposed of by a speaking order dated 21.02.2024, wherein, her representation was rejected on the ground that point No.2 of the terms and conditions had been removed. Being aggrieved, the petitioner again filed WP(C)/1492/2024. The learned counsel for the petitioner also submits that a contempt petition has also been filed which is registered as Contempt Case No. 206/2024. During the pendency of WP(C)/6595/2023, WP(C)/1492/2024 and Contempt Case No. 206/2024, the respondent No.2 again issued a show cause notice to the petitioner as to why any of the penalties prescribed in Rule 7 of the Assam Services (Discipline and Appeal) Rules, 1964 should not be inflicted on the petitioner. Being aggrieved, the present writ petition has been filed. Page No.# 3/3 4. This Court vide order dated 24.01.2025 had directed the learned Standing Counsel, Elementary Education Department to obtain instructions as to whether the show cause notice issued to the petitioner in respect of the departmental proceeding could be withdrawn and the matter be closed, in view of the fact that the petitioner had joined the place of posting. 5. Mr. G.Pegu, learned counsel for the Elementary Education submits that as per verbal instructions received by him, the departmental proceedings initiated against the petitioner will be withdrawn. 6. In view of the submissions made by the counsel for the respondents, the learned counsel for the petitioner submits that she does not wish to press the matter. 7. In view of the submissions of the learned counsels for the parties, writ petition is closed as not pressed. JUDGE Comparing Assistant