The sustainability of a suspension order and its impact on the petitioner's eligibility to challenge the appointment/promotion of another individual.

I.A. Ansari, J.

1. All these four writ petitions, namely, WP(C) Nos. 1267/05, 106/05, 2405/05 and 4026/2007, have been heard together for the purpose of final disposal and all these writ petitions are being disposed of by this common order inasmuch as all these writ petitions are closely inter-linked with each other and the disposal of any of these writ petitions would have a bearing on the ultimate decision in the remaining writ petitions.

2. In the present writ petitions, the Petitioner, Smt. Chanchala Paul, was appointed, on 18.2.1981, as an Assistant Teacher in Bhanga ME School, Karimganj, and, having been so appointed, she joined the post on 21.1.1981. As far as Respondent No. 5, namely, Rashid Ahmed, in WP(C) No. 4026/2007, is concerned, he joined the post of Hindi Teacher in Bhanga ME School, Karimganj, on 1.4.1985, on being transferred from another school. The Petitioner was allowed to hold the charge of the office of the Headmaster of Bhanga ME School, Karimganj, by virtue of an order, dated 3.1.2004, passed in this regard. This order, dated 3.1.2004, was put to challenge by Respondent No. 5, on 23.8.2004, by way of a writ application, which gave rise to WP(C) No. 6068/2004. While WP(C) No. 6068/2004 was pending for decision. District Elementary Officer, Karimganj, determined, on 27.9.2004, the claim of seniority and promotion of Respondent No. 5 and held to the effect that he was neither the senior most teacher in Bhanga ME School, Karimganj nor did he have requisite qualification for selection and promotion to the post of Headmaster of the said school. Shortly, thereafter, i.e., on 13.12.2004, Smt. Chanchala Paul and some others submitted a representation to their authority concerned seeking regularization of their services in the post of Headmaster. While this representation was pending, District Elementary Officer, Karimganj, passed an order, on 1.1.2005, appointing the Block Elementary Education Officer, Badorpur ('the BEEO'), to hold the charge of office of the Headmaster of Bhanga ME School, Karimganj. This order, dated 1.1.2005, was impugned by the present Petitioner Smt. Chanchala Paul, on 7.1.2005, by way of a writ petition, which gave rise to WP(C) No. 106/2005. While this writ petition was still pending for decision. District Elementary Education Officer, Karimganj ('the DEEO'), appointed, on 17.1.2005, Smti. Jharna Dey, an Assamese Language Teacher of Bhanga ME School, Karimganj, as the Headmaster-in-Charge of the said school, for the period of pendency of WP(C) No. 106/2005. Before, however, making the appointment of Smt. Jharna Dey as the Headmaster-in-Charge of the said school, the DEEO issued, on 11.1.2005, a notice to the present writ Petitioner directing her to show cause as to why disciplinary proceeding shall not be initiated against her on certain accusations made against her. The present Petitioner submitted a reply, on 22.1.2005, to the said notice of show cause. However, on 28.1.2005, the DEEO, passed an order placing the Petitioner under suspension pending drawing of the disciplinary proceeding. The Petitioner challenged the said order of suspension by filing a writ petition on 17.2.2005. This writ petition gave rise to WP(C) No. 1267/2005. As the suspension order has not been interfered with, so far, by any authority superior to the DEEO or by the court, the writ Petitioner has continued to remain under suspension. In the meanwhile, the disciplinary proceeding, drawn against the present Petitioner, progressed and, upon holding regular inquiry, an inquiry report has been submitted, but this inquiry report has not yet been acted upon by the Respondents-authorities concerned.

3. What may, however, be pointed out, at this stage, is that WP(C) No. 6068/2004, which the present Respondent No. 5 had filed claiming promotion to the post of Headmaster of Bhanga ME School, Karimganj, was, eventually, disposed of on being withdrawn. As far as the appointment of Smt. Jharna Dey to hold the post of H