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2024 Supreme(Gau) 736

SANJAY KUMAR MEDHI
Md. Shahjahan Ali S/o Late Saman Ali Munshi – Appellant
Versus
State of Assam – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: S.R. Barbhuiya, M. Hussain, H.R.A. Choudhury, F.U. Barbhuiya.
For the Respondent: N.J. Khataniar.

JUDGMENT :

SANJAY KUMAR MEDHI, J.

1. Both these writ petitions being connected and filed by the same petitioner, those were heard analogously and are disposed of by this common judgment and order.

2. The controversy raised in these matters is relating to the action of the respondents in completing a disciplinary proceeding culminating in an order dated 10.08.2015 of recovery from the pensionary benefits of the petitioner.

3. Bereft of the details, the facts projected are that the petitioner was the founder Headmaster of the Char Anchalik High School, Kalarchar (hereafter referred to as School) which was established on 01.03.1982. The said School was provincialised on 19.11.1991 and the petitioner continued as the Headmaster. The School was upgraded to a Higher Secondary School vide order dated 21.05.1993. Subsequently, vide an order dated 13.03.1996, the posts for the Higher Secondary School, including the post of Principal were allotted. Vide an order dated 25.03.1996, it was directed that the Headmaster of the High School will act as the In-charge Principal of the Higher Secondary School and the petitioner continued as Principal of the Higher Secondary School. The petitioner had subm

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