JUDGMENT AND ORDER :

Heard Mr. M. J. Baruah, the learned counsel for the petitioner and Ms. D. Muchahary, the learned counsel appearing on behalf of the respondent Nos.1 to 3.

2. The Office Note is not clear as to whether the service upon the respondent No.4 is complete. Be that as it may, as the learned counsel for the petitioner is only agitating the further continuation of the suspension order to be bad on the ground of law laid down by the Supreme Court in the case of Ajay Kumar Choudhury vs. The Union of India, reported in (2015) 7 SCC 291 as well as in the case of Union of India & Others vs. Dipak Mali, reported in (2010) 2 SCC 222, this Court is of the opinion that the instant writ petition can be disposed of in absence of the respondent No.4.

3. The facts involved in the instant case is that the petitioner was appointed as the Headmaster of Patidarrang Vidyapith High School, Kamrup vide an order dated 05.08.2017 by the Director of Secondary Education, Assam. Subsequent thereto, while the petitioner was rendering service as the Headmaster of Patidarrang Vidyapith High School, Kamrup, a FIR was filed by one Md. Mostafa Ali against the petitioner which was registered and numbered