TAYEBUR RAHMAN Vs. STATE OF ASSAM AND 4 ORS
HIGH COURT OF GAUHATI
State Of Assam And 4 Ors
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Achintya Malla Bujor Barua, J. -
(1.) Heard Mr. M.H. Choudhury, learned counsel for the petitioner. Also heard Mr. N. Sarma, learned standing counsel for the Elementary Education Department as well as Mr. B. Gogoi, learned standing counsel for the Finance Department.
(2.) The petitioner who was appointed as a Hindi teacher on 01.04.1974 of Borshilla M.E. School in the Karimganj district was terminated from service w.e.f. 01.02.1982. The said termination was assailed in TS No.32/1982, which was decreed in favour of the petitioner and subsequently affirmed on an appeal and as a consequence, he was reinstated on 13.12.1985.
(3.) On 26.08.1991, he was again terminated. Against the order of termination, the petitioner approached the Assam Administrative Tribunal, which was registered as Appeal Case No.16 ATT/91. The said appeal was disposed of by an order dated 09.02.1991 requiring the respondents to consider the representation of the petitioner which was pending before the Secretary to the department. The consideration of the representation resulted in the order of 26.08.1991 by which, the service of the petitioner was again terminated w.e.f. 25.11.1982. Being aggrieved Appeal Case No150 ATA/1990 was preferred by the petitioner before the Assam Administrative Tribunal and the said appeal was dismissed by the order of 06.05.1992. As a consequence, a writ petition being CR No.5163/1994 was preferred by the petitioner. By the judgment and order dated 07.01.2002 in CR No. 5163/1994, the order of the learned Tribunal as well as the order of termination against the petitioner were interfered on the ground of violation of the principle of natural justice.;
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