SUCHITRA KAKOTY Vs. COMMISSION

JUDGEMENT

(1.) Heard Mr. R. Dubey, the learned counsel for the petitioner and Mr. A. Chakraborty, the learned Government Advocate for the respondents. Mr. A.K. Boro appears on behalf of Mr. G. Baishya, the learned Standing Counsel for the Accountant General of Assam.

(2.) At the outset, Mr. A. Chakraborty submits that the matter is handled by Ms. M. Bhattacharjee, the learned Additional Senior Government Advocate who is out of station and therefore, the matter may be adjourned. However, considering the issue and the grievance raised by the writ petitioner, I am of the considered view that the writ petition be taken up for disposal in the manner hereafter provided.

(3.) Brief facts for disposal of the writ petition may be noted at the outset. The petitioner was appointed as Chairperson of the Assam State Commission for Protection of Child Rights (the Commission) under the provision of Section 17(1) and 18 of the Commission for Protection of Child Rights Act, 2005 (Act of 2005) vide Notification issued by the Commissioner & Secretary to the Government of Assam, Social Welfare Department under Memo No.SWD.79/93/Pt.V/136-A dated 04.02010 (Annexure-1). By the same Notification other Members of the Commission were also appointed. The appointment was for a period of 3 (three) years from the date of issue of the Notification or in case of the petitioner, upto the age of 65 years whichever was earlier. It may also be noticed that before such appointment, the petitioner was working as Head of Department of Education in Pragjyotish College, Guwahati wherein she served for about 28 (twenty eight) years.