DAWAN ABDUL BAREQUE Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr M.U. Mahmud, learned counsel for the petitioner as well as Mr D. Goswami, learned Govt. Advocate. Mr. M. Sarania appears on behalf of respondent No. 3.

(2.) This petition was moved on 6.10.99 and while issuing a notice of motion returnable within a month, this Court declined to pass an interim order and observed that an attempt should be made to dispose of the writ petition at the admission stage. This Court further (observed that the pendency of writ petition will not be a bar for the authorities to re-instate the petitioner in the service. However, today Mr D. Goswami submits that he has not received any instruction from the concerned authority. Considering the facts and circumstances that I will be reciting shortly, his petition is disposed of at this stage with a short order.

(3.) This case illustrates a classic example as to how the authorities are exercising public power in utter regard to the rule of law and constitutional mandate. The facts leading to the filing of the present writ petition is unpleasant and recited briefly. Petitioner was appointed as founder Head Pandit in Oxiguri Binapani School with effect from 1.1.72 by an order dated 16th Sept. '72. In the interregnum, the petitioner was sent for Board Based Teachers' Training Programme in 1988 in aid of the Assam State Educational Research and Training Council for the period from 26.7.88 to 4.8.88 and he came out successfully. By an order dated 3.7.93 the service of the petitioner as L.P. Teacher has also been confirmed with effect from 1.1.88 pursuant to letter No. ETD-17/83/Part-76, dated 1.2.87 issued by the Secretary, Education, Government of Assam. By the aforesaid order the petitioner along with 22 others had been confirmed in their respective services. The name of the petitioner appear in serial No. 6 of the order.