PARESH CH. NEOG Vs. STATE OF ASSAM.

JUDGEMENT

(1.) The petitioner, an officer of the Education Department being aggrieved by penalty imposed on him pursuant to a departmental proceeding, has prayed for setting aside and quashing the order of penalty and to grant him consequential promotion to next higher grade at per with his juniors.

(2.) Briefly stated, the facts leading to filing of the writ petition are that the petitioner while was serving as Block Elementary Education Officer (BEEO) and In-Charge Deputy Inspector of Schools, was placed under suspension by order dated 20.11.02. He was placed under suspension pending departmental proceeding and in the interest of public service. By yet another notification issued on the same date, i.e. on 20.11.02, the Govt. of Assam in the Education Department cancelled all the orders of the D.I. of Schools, Dhakuakhana w.e.f. 2000 onwards releasing the pay and allowances to large number of L.P. School teachers who had been appointed in 1989. Be it stated here that at the relevant point of time, the petitioner was also functioning as D.I. of Schools. According to the petitioner he did not do anything wrong in releasing the salaries of the teachers.

(3.) The petitioner had occasion to approach this Court by filing a writ petition being W.P.(C) No. 6170/03 praying for setting aside and quashing of the order of suspension. The writ petition was disposed of by order dated 08.08.03 directing the respondents to pay the subsistence allowance to the petitioner if not already paid and to review the order of suspension.