BHUSHAN GUPTA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. B Purkayastha, learned counsel for the petitioner, Mr. B Kaushik, learned standing counsel for the Elementary Education Department of the Government of Assam and Mr. B.J Ghosh, learned counsel for the respondent No.6 Smti Ratna Suklabaidya.

(2.) The respondent No.6 Smti Ratna Suklabaidya is the Headmistress of Brahmanshashan MV School under the North Karimganj Block in the Karimganj district and she was placed under suspension by an order dated 15.02.2020 of the Director of Elementary Education, Assam. Smti Ratna Suklabaidya assailed the order of suspension before this Court in WP(C) No.2622/2020, wherein by the judgment dated 14.10.2020, the suspension was interfered and Smti Ratna Suklabaidya was required to be reinstated in service. A reading of the judgment of 14.10.2020 goes to show that the requirement of paragraph 21 of the pronouncement of the Hon'ble Supreme Court in Ajay Kumar Choudhary vs- Union of India , 2015 7 SCC 291 was not satisfied in respect of the suspension of Smti Ratna Suklabaidya and therefore, she was ordered to be reinstated. On being reinstated by the order of 23.10.2020, the Director of Elementary Education, Assam passed the consequential order reinstating Smti Ratna Suklabaidya as the Headmistress of Brahmanshashan MV School.

(3.) The present writ petition is being instituted by the School Managing Committee of Brahmanshashan MV School. According to the petitioner, the respondent No.6 Smti Ratna Suklabaidya was placed under suspension on a complaint being lodged by the School Managing Committee as regards misappropriation of certain school funds. According to the petitioner, there is a strong apprehension in the mind of the School Managing Committee as well as others involved in the school that reinstating the respondent No.6 Smti Ratna Suklabaidya as the Headmistress of the school may adversely affect the departmental proceeding that is contemplated against her. In fact, the order of reinstatement dated 23.10.2020 also provides that Smti Ratna Suklabaidya had been reinstated in the post of Headmistress pending drawl of a departmental proceeding.