LAWS(GAU)-2007-9-25

TARANATH MAHANTA Vs. STATE OF ASSAM

Decided On September 25, 2007
TARA NATH MAHANTA Appellant
V/S
STATE OF ASSAM Respondents

JUDGEMENT

(1.) HEARD Mr. P. Mahanta, learned counsel for the petitioner as well as Mr. U. K. Goswami, learned Standing Counsel, Education Department. Also heard Mr. G. N. Sahewalla, learned Sr. counsel assisted by Ms. M. Jain, learned counsel representing the respondent No. 5. Inspite of service of notice thee is no representation on behalf of the respondents No. 3 and 4.

(2.) THE petitioner is aggrieved by Annexures-M and N letters dated 06. 06. 06 and 17. 06. 06 by which he has been placed under suspension. Annexure-M letter was issued by the Director of Higher Education, Assam directing the Principal/secretary of the college in which the petitioner has been serving as Lecturer in the department of Philosophy to place the petitioner under suspension and to initiate departmental proceeding. By the said letter, further direction was issued to place the matter before the Governing Body of the college for the purpose of adopting specific resolution for taking further necessary action.

(3.) PURSUANT to the aforesaid letter dated 06. 06. 06 (Annexure-M), the Principal/secretary of the college, namely Biswanath College, placed the petitioner under suspension, without, however, any resolution to that effect adopted by the Governing Body of the college and prior approval of the same by the Director of Higher Education, Assam.