1 Serial No. 12 Regular List HIGH COURT OF MEGHALAYA AT SHILLONG WP(C) No. 67 of 2025 Date of Decision: 21.05.2025 Shri. Dipankar Kar S/o (L) Shri. Debobrata Kar R/o Howel Road, Laban, Shillong, East Khasi Hills District, Meghalaya :::Petitioner -Vs- 1.State of Meghalaya represented by the Chief Secretary, Shillong. 2.Director of School Education and Literacy, Meghalaya, Shillong. 3.Commissioner Secretary of Education Department, Meghalaya 4.Smti. Elvira G. Khyriem Assistant Teacher (Science with Maths) Baghmara Government Higher Secondary School, PIN – 794102 :::Respondents 2025:MLHC:430 2 Coram: Hon’ble Mr. Justice H. S. Thangkhiew, Judge Appearance: For the Petitioner/Appellant(s) : Mr. H.L. Shangreiso, Sr. Adv. with Mr. T. Dkhar, Adv. For the Respondent(s) : Mr. N.D. Chullai, AAG with Ms. R. Colney, GA. i) Whether approved for reporting in Yes/No Law journals etc.: ii) Whether approved for publication in press: Yes/No Oral: 1. By order dated 23.04.2025, this Court had recorded the submissions of the learned Senior counsel on behalf of the petitioner, wherein he had also submitted a list showing the vacancies existing in Jowai and Nongstoin, where the incumbents therein had since retired. The copy of the said list was thereafter made over to the learned AAG for the State respondents, who was to obtain instructions. 2. Today, Mr. N.D. Chullai, learned AAG has submitted that it is a fact that there are two vacant posts available, as per the said list. This Court while disposing of the earlier writ petition namely WP(C) No. 228 of 2021, 2025:MLHC:430 3 by judgment and order dated 10.01.2025, had after allowing the writ petition, had also directed that at Para – 28 as follows. “28. In view of the above, this Court hereby directs the relevant authority to reconsider the case of the petitioner as to the order of his suspension and to reinstate him in service, even to the extent of placing him in any administrative position, if permissible under the rules, pending conclusion of the criminal proceedings against him.” 3. It is also important to note that the petitioner has also since been acquitted by the Court of the Special Judge (POCSO) Shillong, in Special POCSO Case No. 84 of 2019, in the criminal proceedings. 4. In this backdrop and also in view of the submissions of the learned AAG that it would not be prudent to reinstate the writ petitioner back into his own post at Shillong, and that vacancies are existing in Jowai and Nongstoin, it is directed that the respondents consider the placement on transfer of the writ petitioner to one of the vacant posts either in Nongstoin or Jowai. 5. It is expected that the entire exercise shall be completed expeditiously preferably within 4(four) weeks from the date of this order. 2025:MLHC:430 4 6. Matter accordingly stands closed and disposed of. Judge Meghalaya 21.05.2025 “D.Thabah-PS” 2025:MLHC:430 Digitally signed by DARIHUN THABAH Date: 2025.05.21 03:58:25 IST