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2005 Supreme(Gau) 849
IN THE HIGH COURT OF GAUHATI
Biplab Kumar Sharma, J.
Mridumoni Dhekial Phukan – Appellants
Vs.
State of Assam and other – Respondent
WP (C) No. 7246 of 2005
Decided On: 23.12.2005
For Appellant/Petitioner/Plaintiff:D.R. Gogoi, Advocate
For Respondents/Defendant:V.M. Thomas, Advocate
The judgment establishes the authority's discretion to repatriate an employee in public interest or due to exigencies of administration, and the absence of a requirement for an elaborate inquiry before effecting a transfer in public interest or to enforce decorum and probity in public service.
Headnote:
Repatriation - Service Matter - Assam Services (Discipline & Appeal) Rules, 1964 - [The judgment discusses the Assam Services (Discipline & Appeal) Rules, 1964 and the legal provisions related to repatriation and deputation. It highlights the authority's competence to repatriate a deputationist for valid reasons and the absence of a right for a deputationist to continue in the borrowing department. The judgment emphasizes the authority's discretion to repatriate an employee in public interest or due to exigencies of administration, and the absence of a requirement for an elaborate inquiry before effecting a transfer in public interest or to enforce decorum and probity in public service.]
Fact of the Case:
The Petitioner was repatriated from a deputation at the English Language Teaching Institute (ELTI) to her original school based on news reports of an alleged illicit relationship with the Chief Tutor. The Petitioner challenged the repatriation, alleging that the action was based on false news and that she was not afforded an opportunity to be heard.
Finding of the Court:
The court found that the repatriation was justified based on news reports and independent investigations that indicated adverse public reaction and lowered the image of the District Centre. The court held that the repatriation was not arbitrary or unreasonable, considering the greater public interest and the authority's discretion to enforce decorum and probity in public service.
Issues: The issues involved the legality and validity of the repatriation action, the alleged illicit relationship, the absence of opportunity for the Petitioner to be heard, and the transfer of the Petitioner to another school upon repatriation.
Ratio Decidendi: The court held that the repatriation was justified based on valid reasons, including adverse public reaction and the interest of the academic institution. The court emphasized the authority's discretion to repatriate an employee in public interest or due to exigencies of administration, and the absence of a requirement for an elaborate inquiry before effecting a transfer in public interest or to enforce decorum and probity in public service.
Final Decision: The court sustained the impugned orders of repatriation, finding them to be legal and justified. The court also directed the competent authority to consider the grievance of the Petitioner regarding her posting to another school, if raised, after taking into account all relevant factors and hearing the concerned party.
B.K. Sharma, J.
1. In this writ petition the Petitioner has assailed the legality and validity of the action of the Respondents in repatriating her to parent department from the department to which she was sent on deputation. The Petitioner while was serving as Subject Teacher in English in S.P. Bordoloi Girls' Higher Secondary School, her service was placed at the disposal of English Language Teaching Institute (ELTI), Assam for a period of one year by Anenxure-5 order dated 28.12.2004. Along with the Petitioner some other Subject Teachers were also deputed to ELTI by the same very order.
2. Prior to such deputation of the Petitioner to ELTI, the Petitioner completed a three months training course called XVIII Resource Persons' Course conducted by the Central Institute of English and Foreign Language. Pursuant to the aforesaid Annexure-5 order dated 28.12.04, the Petitioner was relieved from her school on 28.6.05 and in her place Smt. Sibani Paul, Subject Teacher in English of another school namely Namdeuri Higher Secondary School, Jorhat was posted.
3. The Petitioner joined ELTI and according to her, she had been rendering her service with outmost dedication and sincerity. However, by the impugned orders dated 12.8.05 and 22.8.05 (Annexure 7 and 8 respectively) she was reverted back to her school and released from the institute. The orders read as follows:
Government of Assam
Directorate of Secondary Education, Assam
Kahilipara, Guwahati-781019
No. ET/Misc./3/04/78-A Dated Kahilipara the 12.8. 2005
ORDER
Smti Mridumoni Dhekial Phukan, Subject Teacher in English, S.P.B. Girls' Higher Secondary School, Jorhat who was deputed as Chief Tutor/Tutors under the disposal of ELTI, Assam, vide this office order under memo No. ET/Misc/3/04/29 dated 28.12.04 is hereby reverted her original post as Subject Teacher in English, S.P.B. Girls' Higher Secondary School, Jorhat with immediate effect.
Sd/-
(Dr. H.C. Das)
Director, Secondary Education,
Assam Kahilipara, Guwahati-19
English Language Teaching Institute, Assam Kahilipara, Guwahati-781019
ORDER
In compliance with the Memo No. ET/Misc./3/04/78-A dated Kahilipara, the 12th August, 2005 Smti Mridumoni Dhekial Phukan, Tutor, District Centre for English, Jorhat is hereby released today, the 22.8.2005 from her duty at District Centre for English, Jorhat to enable her to join her post at S.R.B. Girls' Higher Secondary School on reversion.
Sd/-
(P.S. Misra)
Director, ELTI, Assam
4. Being aggrieved by the aforesaid orders, the Petitioner made representations urging the authorities to repeal the repatriation orders. In paragraph-9 of the writ petition, the Petitioner has stated that the impugned action on the part of the Respondents was on the basis of a news paper report on the alleged illicit relationship of the Petitioner with the Chief Tutor, Shri Tarun Tamuli (Respondent No. 5) because of which an unhealthy environment prevailed in the premises of the Institute. According to the Petitioner such news paper report was published to malign the Petitioner and was not based on actual facts. She further asserts that such publication of news item has lowered her in the estimation of others. She has also made a grievance for non-disposal of her representation.
5. After the aforesaid order repatriating the Petitioner from the Institute to her School, the Annexure-11 order dated 2.9.05 was issued directing the Tutor of the District Centre for English, Jorhat to release the Petitioner from the Centre enabling her to join as Subject Teacher. English in another school called Namdeuri Higher Secondary School instead of her original school namely S.P.B. Higher Secondary School. This was presumably done in view of the fact that as noticed above, while the Petitioner was deputed to the Centre, one Smt. Sibani Paul, Subject Teacher in English of Namdeuri Higher Secondary, School, Jorhat was transferred to her place.
6. A counter affidavit has been filed by the Director of Secondary Education, Assam. While broadly admitti
