GAHC010003352013

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THE GAUHATI HIGH COURT

(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : WP(C)/129/2013

DR. CHENIRAM DUTTA

S/O LT. GOPAL DUTTA R/O VILL- CHARIGAO, P.O. BAHONA, DIST. JORHAT,

ASSAM, PIN- 785101.

VERSUS

THE STATE OF ASSAM AND 2 ORS

REP. BY ITS COMMISSIONER and SECRETARY TO THE GOVT. OF ASSAM,

EDUCATION HIGHER DEPARTMENT, DISPUR, GUWAHATI-781006.

2:THE DIRECTOR OF HIGHER EDUCATION

ASSAM

KAHILIPARA

GUWAHATI-781019.

3:THE GOVERNING BODY OF BAHONA COLLEGE

JORHAT ASSAM

PIN- 785101

REP. BY ITS PRESIDENT

Advocate for the Petitioner : MR.R KALITA, MR S BORTHAKUR,MS. P BORAH,MS.S BARUA,MS.R DEVI,MRS.J M KONWAR,MS.P CHOUDHURY,MR.B D KONWAR,MR.R P

SARMAH,MSG GHOSH

Advocate for the Respondent : , ,,,,SC, EDU,,MR.P MAHANTA

BEFORE

HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR

ORDER

Date : 20-11-2025 Heard Mr. S. Borthakur, learned counsel for the petitioner. Also heard Mr. D.

Upamanu, learned standing counsel, Higher Education, Assam appearing for the respondent Nos. 1 & 2 also heard Mr. P. Mahanta, learned counsel appearing for the respondent No. 3, Governing Body (GB), Bahona College.

2. The petitioner in the present proceeding has presented a challenge to the order dated 30-11-2012 passed by the Director, Higher Education, Assam, imposing upon the petitioner the penalty of dismissal from service w.e.f. 22-05-2010, on conclusion of a departmental proceeding instituted against the petitioner.

3. The facts, in brief, requisite for adjudication of the issue arising in the present writ petition is noticed as under:-

The petitioner, herein, while working as the In-charge Principal of the Bahona College, basing on certain allegations of commission of misconduct, coming on record against him, the Governing Body (GB) of the College proceeded to arrive at a decision in its meeting held on 19-05-2010, to place the petitioner under suspension for alleged involvement in a financial scandal in connection with the utilization of funds of the College. The said decision was placed before the Director of Higher Education, Assam who is the appointing authority of the petitioner for approval. The Director vide order dated 20-05-2010 approved the said resolution dated 19-05-2010 of the GB and the suspension of the petitioner, herein, stood ratified. The order dated 20-05-2010 further proceed to appoint the next senior most faculty as the Principal In-Charge-cum-Secretary of the GB. Thereafter, the GB adopted a decision for appointing one Jagat Borthakur, Retired Addl. Deputy Commissioner, as the Enquiry Officer for drawal of departmental proceeding against the petitioner, herein, in its meeting held on 08-06-2010. The said proposal on being placed before the Director of Higher Education, Assam, approval was granted to the same with further stipulation that the whole process be completed within a period of 30 days. Thereafter, it is seen that the Principal In-charge of the College vide communication dated 14-08-2010 had appointed one Mr. A. Das, retired Finance &

Accounts Officer as Financial Expert in the said enquiry.

After the said developments had taken place the Enquiry Officer, assuming the role of the Disciplinary Authority, proceeded to issue to the petitioner, herein, a show-cause notice dated 15-02-2011, initiating against him a departmental proceeding. The petitioner submitted his reply to the charges so framed against him in the show-cause notice. Thereafter, it is seen that an enquiry was held in the matter. On conclusion of the enquiry, the Enquiry Officer submitted his report on 02-04-2012. The enquiry report on being placed before the GB of the College, the GB in its meeting held on 03-04-2012 considering the said enquiry report had recommended for imposition of the penalty of dismissal from service upon the petitioner. The matter was, thereafter, placed before the Director of Higher Education, Assam for consideration.

The Director of Higher Education, Assam on consideration of the matter proceeded vide order dated 30-11-2012,