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2026 DAILYLAW 13181 (GAU)

SRI APURBA KUMAR ROY v. THE UNION OF INDIA AND ORS

WP(C)/3213/2026 · 2026-08-27

Arun Dev Choudhury

Writ Petition (Civil)body2026

Judgment text

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Page No.# 1/3 GAHC010117902026 2026:GAU-AS:12398-DB THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/3213/2026 SRI APURBA KUMAR ROY SON OF- LATE KANTA ROY, PRINCIPAL JAWAHAR NAVODAYA VIDYALAYA VILLAGE- DALOICHUBA, DISTRICT -MORIGAON, ASSAM- 782105 VERSUS 1: THE UNION OF INDIA AND ORS. THROUGH THE SECRETARY, MINISTRY OF EDUCATION, GOVT. OF INDIA, NEW DELHI- 110001 2:NAVODAYA VIDYALAYA SAMITI THROUGH ITS COMMISSIONER B -15 SECTOR- 62 INSTITUTIONAL AREA NOIDA UTTAR PRADESH 201307 3:NAVODAYA VIDYALAYA SAMITI REGIONAL OFFICE THROUGH THE DEPUTY COMMISSIONER TEMPLE ROAD BARIK POINT LACHUMIERE SHILLONG -79300 For the Petitioner(s) : Mr. S. Nath, Advocate. For the Respondent(s) : Mr. S.K. Medhi, Central Government Counsel for respondent No.1. : Mrs. R.S. Chowdhury, Advocate for respondent Nos.2 & 3. – B E F O R E – HON’BLE THE CHIEF JUSTICE MR. ASHUTOSH KUMAR HON’BLE MR. JUSTICE ARUN DEV CHOUDHURY 28.08.2026 (Ashutosh Kumar, CJ) We have heard Mr. S. Nath, learned Advocate for the appellant; Mr. S.K. Medhi, learned Central Government Counsel for the respondent Page No.# 2/3 No.1 and Mrs. R.S. Chowdhury, learned Advocate for the respondent Nos.2 & 3. The petitioner had challenged his transfer in his capacity as Principal of the Jawahar Navodaya Vidyalaya, Morigaon to a very difficult station at Dibang Valley in Arunachal Pradesh. Before the transfer, as it appears from the records, a preliminary enquiry was made and it was recommended that it would be more conducive for completion of the enquiry against the petitioner that he be transferred to another station. Pursuant to such a recommendation, transfer order was passed, on which transferred post the petitioner has not yet joined. It appears that an incident of ragging had taken place in the Jawahar Navodaya Vidyalaya, Morigaon on 05.11.2025. The petitioner was suspended in contemplation of a departmental enquiry. He was also served with a charge memo alleging supervisory lapses. The petitioner had replied against those charges. His suspension was thereafter revoked and simultaneously he was transferred to Dibang Valley in Arunachal Pradesh. The challenge by the petitioner to such order before the Central Administrative Tribunal, Guwahati Bench, Guwahati did not yield any result, except an observation that if in the departmental proceedings initiated against the petitioner, he is exonerated, he might be considered for being posted back to Morigaon or any other less difficult station. The enquiry proceedings against the petitioner is complete. In view of this, Mr. Nath, learned Advocate for the petitioner seeks permission to withdraw this petition in order to approach the Page No.# 3/3 authorities under the Navodaya Vidyalaya Samiti for his repatriation to Morigaon or any other station, which would not be as difficult as the present place of posting. Permission is granted. The writ petition is dismissed as withdrawn, with the liberty as aforesaid. JUDGE CHIEF JUSTICE Comparing Assistant