Back
DEVASHIS BARUAH
Md. Jahirul Islam, S/o Md. Hajarat Ali – Appellant
Versus
State of Assam – Respondent
JUDGMENT :
Heard Mr. D. Mahanta, the learned counsel appearing on behalf of the petitioner and Mr. K. Gogoi, the learned Standing counsel appearing on behalf of the Higher Education Department. I have also heard Mr. G. Alam, the learned counsel appearing on behalf of the respondent Nos. 3 and 4 and Mr. S. R. Baruah, the learned Government Advocate, Assam for respondent No.5.
2. The petitioner herein has approached this Court seeking a direction for setting aside the impugned Order of Suspension No. DHE/CE/Misc/81/2021/6 dated 21.10.2021 issued by the Director of Higher Education, Assam (hereinafter referred to as the impugned order) and further seeking a direction upon the respondents to reinstate the petitioner in service by revoking the impugned order of suspension.
3. The facts of the instant case is that the petitioner was appointed on 04.12.2015 as an Assistant Professor in the Department of Arabic in the Anandaram Dhekial Phookan College under the Directorate of Higher Education, Assam. On 06.10.2021, the petitioner was arrested by the C.I.D. Assam on the basis of an F.I.R. lodged by one Sri Gautam Chandra Kumar. The said F.I.R. was registered and numbered as CID P.S. Case No.10
A suspension order must be accompanied by a reasoned order for extension beyond three months if a charge-sheet is served, ensuring compliance with the principles of natural justice.
Departmental Authority neither has initiated a Departmental Proceeding (DP) by framing charge against Petitioner nor he has been re-instated into service, which according to Petitioner is against set....
Suspension valid if reviewed within 90 days from effective date (receipt); delay in charge-sheet justified for serious embezzlement probe.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
