STATE OF ASSAM Vs. NIRABKUMAR SARMAH

JUDGEMENT

(1.) The present Writ Appeal has been preferred by the State of Assam and 2 senior officials of the State, assailing the judgment and order dtd. 28/6/2023 passed by the learned Single Judge in WP(C) No.5400/2021 instituted by the respondent No.1(writ petitioner) allowing the Writ Petition by setting aside the Notification dtd. 24/9/2021 by means of which, the services of the respondent No.1 was attached with the Directorate of Higher Education, Assam as an Officer on Special Duty (OSD). Thefacts and circumstances of the case, giving rise to filing of this appeal, shorn of unnecessary details, may be noticed herein below.

(2.) On 30/7/2011 the Deputy Secretary to the Assam Public Service Commission (herein after referred to as the APSC) had issued Advertisement Notice No.03/2011 inviting applications inter-alia for filling up one post of Principal in the Diphu Government College, Diphu, which comes under the Education (Higher) Department of the Government of Assam. The respondent No.1 (writ petitioner), who was serving as a Lecturer in the Department of Chemistry in the Diphu Government College, Diphu at the relevant time, had submitted his candidature for the post of Principal of the Diphu Government College. Upon completion of the selection process the respondent No.1 (writ petitioner) emerged as the successful candidate. As such, by the Notification dtd. 13/1/2012 issued by the Commissioner and Secretary to the Government of Assam, Higher Education Department, the respondent No.1 was appointed in the post of Principal of Diphu Government College, Diphu on being recommended by the APSC. It appears that the appointment of the respondent No.1 in the post of Principal of Diphu Government College was called into question by an organization viz., Assam Enviro Legal Protection Society, by instituting PIL No.61/2012 before this Court inter-alia on the ground that the respondent No.1 did not have the eligibility for being appointed in the post of Principal of Diphu Government College. The PIL was, however, dismissed by this Court by order dtd. 24/9/2012. While the respondent No.1 was serving as Principal of the Diphu Government College, a number of allegations of misdemeanor/ misconduct came to be made against him as a result of which, by the order dtd. 20/8/2013 issued by the Principal Secretary, Karbi Anglong Autonomous Council (KAAC), the respondent No.1 was placed undersuspension pending drawal of disciplinary proceeding. The aforesaid order of suspension was, however, interfered by this Court by judgment and order dt. 9/12/2013 passed in WP(C) No.6281/2013 primarily on the ground that since the respondent No.1 was an employee of the Government of Assam under the Higher Education Department, the Principal Secretary, KAAC did not have any authority or jurisdiction under the law to issue the order of suspension. Be that as it may, subsequently, by the order dtd. 7/6/2014 issued by the Principal Secretary, KAAC, the respondent No.1 was released from the post of Principal, Diphu Government College in the wake of vehement protests being made by the faculty members, students and the members of the public opposing the continuance of the respondent No.1 in the post of Principal of the College. The order dtd. 7/6/2014 was challenged by the respondent No.1 before this Court by filing WP(C) No.3062/2014 and by an interim order dtd. 20/6/2014 this Court had suspended the operation of the order dtd. 7/6/2014, thus, allowing the respondent No.1 to function as the Principal of Diphu Government College. While the respondent No.1 was continuing as such, the Principal Secretary to the Government of Assam, Education Department had issued the impugned order dtd. 24/9/2021 whereby, the respondent No.1 was attached as OSD in the Directorate of Higher Education, Assam, Kahilipara, Guwahati and one Sri Abdul Matin, Associate Professor and the seniormost faculty member in the Department of Commerce was allowed to hold the charge of Principal of Diphu Government College. In the Notification dtd. 24/9/2021 it was, however, made clear that the respondent No.1 shall continue to draw his pay and allowances etc. from the Diphu Government College, Diphu as usual. The order dtd. 24/9/2021 was challenged by the respondent No.1 as writ petitioner in WP(C) No. 5400/2021 which was allowed by the learned Single Judge by the impugned judgment and order dtd. 28/6/2023. Hence, this appeal.

(3.) It appears from the materials available on record that on 12/10/2023 this Court had passed an interim order in Writ Appeal No. 336/2023 i.e. the present proceeding, suspending the operation of the judgment and order dtd. 28/6/2023 passed by the learned Single Judge in WP(C) No.5400/2021 till disposal of the Writ Appeal. The respondent No.1 had assailed the order dtd. 12/10/2023 by filing Special Leave to Appeal (C) No.23970/2023 before the Hon'ble Supreme Court but on 20/10/2023, the Special Leave Petition was dismissed as not pressed. In view of the above, the interim order dtd. 12/10/2023 is continuing to hold the field till date.