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2025 DAILYLAW 21051 (GAU)

BUDDHA KATAKY v. THE STATE OF ASSAM AND 4 ORS

WP(C)/6331/2024 · 2025-07-22

Soumitra Saikia

Writ Petition (Civil)body2025

Judgment text

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Page No.# 1/3 GAHC010249562024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/6331/2024 BUDDHA KATAKY S/O- LATE ASWINI KAKATY, R/O- J.B. ROAD, AMOLAPATTY, NAGAON, P.S.- NAGAON SADAR, P.O.- NAGAON, DISTRICT- NAGAON, ASSAM, PIN- 782001. VERSUS THE STATE OF ASSAM AND 4 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, EDUCATION (ELEMENTARY) DEPARTMENT, DISPUR, GUWAHATI- 781006. 2:THE ADDITIONAL SECRETARY TO THE GOVT. OF ASSAM DEPARTMENT OF SCHOOL EDUCATION GUWAHATI-6. 3:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI-781019. 4:THE DEPUTY COMMISSIONER KAMRUP(METRO) GUWAHATI- 781001. 5:THE DISTRICT ELEMENTARY EDUCATION OFFICER KAMRUP(METRO) GUWAHATI DISTRICT- KAMRUP(METRO) Page No.# 2/3 ASSAM PIN- 782002 Advocate for the Petitioner : MR T H HAZARIKA, MR. D ROY,MR. K ISLAM,MR A RASHID,MR M CHETIA Advocate for the Respondent : SC, ELEM. EDU, MR B KAUSHIK, SC, ELEM. EDU,GA, ASSAM BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA ORDER 23.07.2025 Heard Mr. T.H Hazarika, learned counsel for the petitioner. Also heard Mr. A Phukan, learned Standing Counsel, Elementary Education for the respondents No. 1, 2, 3 & 56 and Ms. U Sharma, learned Jr. Government Advocate for the respondent No. 4. The petitioner is before this Court seeking order from the Court to reinstate the petitioner pursuant to his suspension vide order dated 04.06.2023. The petitioner also questioned the disciplinary proceedings initiated against him. On instructions Mr. A. Phukan, learned Standing Counsel, Elementary Education submits that by order dated 22.07.2025, the disciplinary proceedings have been concluded and the disciplinary authority was pleased to impose the penalty of dismissal from service which shall ordinarily be a disqualification for future employment under Rule 7(vii) of the Assam Service (Discipline and Appeal) Rules, 1964 upon the petitioner who was serving as Deputy Inspector of Schools, Guwahati. Page No.# 3/3 In that view of the matter, the petitioner does not wish to press the writ petition any further. He seeks liberty to approach the Court putting to challenge the order of dismissal. On such prayer made by the learned counsel for the petitioner, the writ petition stands dismissed as not pressed with liberty. Interim order if any stands vacated. JUDGE Comparing Assistant