WP(C) 638/2009 BEFORE THE HON’BLE MR. JUSTICE B.K. SHARMA The petitioner is aggrieved by order dated 7.11.2008 (Annexure-G ), by which she has been imposed with the penalty of censure. Admittedly, such a course of action has been adopted without taking recourse to any disciplinary p roceeding as envisaged under Assam Service (Discipline & Appeal) Rules, 1964. Ac cording to the allegation made by the petitioner she was assaulted in the school premises by another teacher namely Smt. Phulmai Bora. A criminal proceeding was drawn up and said Smt. Bora was convicted under Section 323 IPC in Case No. CR 1/2006. However, she did not suffer any sentence as she was released as per the provisions of Probation of Offenders Act, 1958. No disciplinary proceeding was a lso initiated against her. Being aggrieved, the petitioner approached this Court by filing WP(C) No. 464/2008, which was disposed of by order dated 27.2.2008 di recting the Secretary to the Government of Assam in the Education (Elementary) D epartment to cause necessary steps to be taken for consideration and disposal of the petitioner’s representations dated 23.7.2007 and 8.10.2007. Pursuant to the aforesaid order passed by this Court, the Govern ment of Assam in the Education (Elementary) Department issued the Annexure-F ord er under the signature of the Secretary. As per the said order a departmental pr oceeding was to be initiated against Smt. Phulmai Bora as per the provisions of the aforesaid Rules of 1964. For a ready reference, Annexure-F order dated 18.4. 2008 is quoted below: GOVERNMENT OF ASSAM EDUCATION (ELE) DEPARTMENT No. ELC/WP(C) 464/2008/29/35 dated Dispur, the 18th April 2008 O R D E R I have perused the representations dated 23.7.2007 and dated 8.1 0.2007 of Smt. Parul Kalita, Asstt. Teacher, Sonari Hindi ME School. Also perused the directions of the Hon’ble Gauhati High Court in the order dated 27.2.2008 passed in WP(C) No. 464/2008. It appears that from the copy of the judgment dated 22.6.2007 of the Hon’ble Court of SDJM, Charaideo, Sonari in CR No. 1/06 U/s 323/IPC (State Vs. Mrs. Phulmai Bora) that the court has found Smti Phulmai Bora guilty of the charge U/S 323/IPC and convicted her under the said Section of law. The Hon’ble Court has however, released her after due admonition by extending her the benefi t of Section 3 of the Probation of Offenders Act, 1958. As Smt. Phulmai Bora, Asstt. Teacher is convicted of a serious c harge by the Court of law and that too, the incident took place in the school, i t seems appropriate in the public interest to take necessary Departmental action against her. Therefore the director, Elementary Education, Assam being the disc iplinary authority in respect of LP/ME School teachers is hereby directed to dra w up a departmental proceeding against Smti. Phulmai Bora under the provisions o f Assam Services (Discipline & Appeal) Rules, 1964 and submit a report in due co urse. This is issue to comply with the direction of the Hon’ble Gauhat i High Court’s order dated 27.2.2008 passed in WP(C) No. 464/2008 (Smt. Parul Ka lita Vs. State of Assam & Ors.) Secretary to the Govt. of Assam Education (ELE) Department Although, in terms of the said order a departmental proceeding w as to be initiated against Smt. Phulmai Bora, but the Director of Elementary Edu cation, Assam without understanding the true import and purport of the said orde r, passed Annexure-G order dated 7.11.2008 censuring both the incumbents. Such a course of action was adopted without taking recourse to the aforesaid Rules of 1964. Censure is a penalty under Rule 7 of the Rules and definite procedure has been laid down is to be followed for imposition of such penalty. In terms of the aforesaid order passed by the Government, a depa rtmental proceeding was to be initiated against Smt. Bora. However, the Director did not initiate any such proceeding and straightway passed the Annexure-G orde r dated 7.11.2008. In view of the above, while interfering with the Annexure-G orde r dated 7.11.2008 so far as the same relates to the petitioner, it is hereby dir ected to take necessary follow up action towards initiation of departmental proc eeding against Smt. Phulmai Bora in terms of the above quoted Annexure-F order d ated 18.4.2008. The writ petition is allowed to the extend indicated above. Ther e shall be no order as to costs.