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1990 Supreme(Gau) 31

J.M.SRIVASTAVA, J.SANGMA
Md. Sahabuddin – Appellant
Versus
State of Assam & Others – Respondent


Advocates Appeared:
H.Roy, N.Maharamad, M.A.Laskar

J. M. Srivastava, J.:-

The petitioner was a lecturer in Madhya Kamrup College, Subha. By order dated 11.6.86 (Annexure-5) on the allegation of violation of examination rules, the petitioner was placed under suspension with effect from 11.6.1986 until further order. The petitioner has continued to be under suspension without any further action, i. e. no disciplinary proceeding has yet been drawn. Aggrieved, the petitioner has come to this court.

2. We have heard Sri MA. Laskar, learned counsel for the petitioner who submits that the petitioner has been under suspension for more than 35 years and no action has as yet been taken in the matter.

3. Shri H. Roy, learned Government Advocate prays for time to file affidavit in opposition, but the prayer is not accep­ted because sufficient time had been available to the respon­dents to file affidavit-in-opposition.

4. It appears that the respondents have felt that the appointment of the petitioner itself was not in order, because the requisite approval by the Director Public Instruction bad not been accorded. The petitioner's contention however is that appointment was in order.

5. Without entering into that controversy at this stage, we do think


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