Decided on September 06,2018

Kanti Khatanier Appellant
State Of Assam And 8 Ors Respondents


Achintya Malla Bujor Barua, J. - (1.) Heard Mr. K.R. Patgiri, learned counsel for the petitioner. Also heard Mr. N. Sarma, learned standing counsel for the Elementary Education Department. As regards the service of notice on respondent Nos. 6 to 9, Office Note dated 17.12.2015 indicates that an affidavit as regards the personal service of notice on the said respondents was placed at Flag-A. Office note dated 18.03.2016 indicates that A/D card has been received back and by the order dated 06.12.2016, the service is accepted to be complete. It is also on record that the Mr. D. Nag learned counsel had appeared for respondent No.7 and prayed for three weeks time for filing affidavit-in-opposition and thereupon, an affidavit-n-opposition was filed on behalf of the respondent Nos. 6 and 7.
(2.) In the premises, this Court deems it appropriate that the matter can be proceeded for its final consideration although the respondent Nos. 6 to 9 have chosen not to remain present in the hearing.
(3.) The petitioner was appointed as an Assistant Teacher (Science) in Digholbari Girl's M.E. School on 01.08.1992 as per the decision of the managing committee in its Resolution.1 dated 29.07.1992 and subsequently his appointment in the school was recognized and approved by the DEEO, Morigaon by the order dated 15.12.1993. Earlier by an order dated 25.02.2010 of the DEEO, Morigaon, an order of discharge from service against the petitioner by the managing committee of the school was approved. The said order of 25.02.2010 was assailed in a writ petition being WP(C) No.2986/2010, which was given a final consideration by the judgment and order dated 21.07.2014. By the judgment and order dated 21.07.2014, it was provided that the petitioner would be entitled to make a reply to the order dated 25.02.2010 by treating the same to be a show-cause notice. It was further provided that in the event, such reply is submitted by the petitioner, the DEEO Morigaon shall pass an appropriate order by taking note of the attending facts and circumstance and in accordance with law and if need be in association of the managing committee of the school.;

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