GAHC010244232025

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THE GAUHATI HIGH COURT

(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : WP(C)/6386/2025

SMTI. SIKHA DEVI

W/O- SRI GITEN HAZARIKA, VILLAGE - DEKASANDAR, P.O. -

JAMUGURIHAT, P.S.- JAMUGURI, DIST.- SONITPUR, ASSAM.PIN-789180

VERSUS

THE STATE OF ASSAM AND ORS

REPRESENTED BY THE SECRETARY TO THE GOVT. OF ASSAM, SCHOOL

EDUCATION DEPARTMENT, DISPUR, GUWAHATI- 6.

2:THE DIRECTOR OF ELEMENTARY EDUCATION

ASSAM

KAHILIPARA

GUWAHATI - 781019.

3:THE DISTRICT ELEMENTARY EDUCATION

ASSAM

SONITPUR

TEZPUR

DIST. -SONITPUR

ASSAM.

4:THE DEPUTY INSPECTOR OF SCHOOLS

TEZPUR

DIST.- SONITPUR

ASSAM.

5:THE BLOCK ELEMENTARY EDUCATION OFFICER

NADUAR EDUCATION BLOCK

DIST.- SONITPUR

ASSAM

Advocate for the Petitioner : MR. S C BISWAS, MS. U NANDA,MS. J GHOSH,MR J ABEDIN Advocate for the Respondent : SC, ELEM. EDU, BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN

ORDER

02.12.2025 Heard Mr. J. Abedin, learned counsel for the petitioner and Mr. A. Phukan, learned standing counsel for the Elementary Education Department.

2. In this petition, under Article 226 of the Constitution of India, the petitioner has challenged the suspension order, dated 08.07.2025, issued by the Director of Elementary Education (DEE hereinafter).

3. The background facts, leading to filing of the present petition, are stated as under:-

“The petitioner was appointed as Assistant Teacher, in a L.P. School, in the year 1990 and thereafter, in the year 2001, she was transferred and posted at Jamuguri Model L.P. School and in the said school, vide order dated 23.05.2017, she was allowed to hold the charge of Headmistress and she took over the charge on 30.06.2017.

Thereafter, on 22.07.2024, the petitioner was transferred and posted at Chengelimora L.P. School, under the scheme of rationalization and on 31.07.2024, she had submitted a representation before the Block Elementary Education Officer, Naduar (BEEO hereinafter) and prayed for cancellation of her transfer order, but the same failed to yield any result and being aggrieved, the petitioner had preferred a writ petition, being W.P.(C) No. 4786/2024 and in the said writ petition, vide order dated

18.09.2024, this Court had granted status-quo in favour of the petitioner and the petitioner remained in her original school, i.e. Jamuguri Model L.P.

School and the said writ petition is pending for final adjudication.

Thereafter, on 05.06.2025, a show-cause notice was issued to the petitioner by the Deputy Inspector of Schools, Tezpur (D.I. hereinafter), alleging that she was regularly irregular in her duties and failed to maintain regularity and punctuality in the school activities and she was unauthorizedly absent on 31.05.2025 and for which, she was directed to submit her reply. Accordingly, she had submitted her reply on 09.06.2025, denying all the allegations made against her.

Thereafter, D.I. of Schools had prepared one report and forwarded the same to the DEE, vide Letter No. DIS/TEZ/ESSTT/1/2023-24/804, dated 13.06.2025, along with a preliminary inquiry report prepared by the BEEO, which were prepared behind the back of the petitioner.

Thereafter, the petitioner was placed under suspension, vide impugned order dated 08.07.2025, issued by the DEE and then, the petitioner had preferred a statutory appeal, under Rule 14 of the Assam Services (Discipline and Appeal) Rules, 1964, before the respondent No. 1, on 25.07.2025, for recalling the impugned suspension order and reinstating her with all service benefits. But, no action has been initiated till date.

Further pleaded case of the petitioner is that she is suffering and going to retire from service on 30.11.2026.”

4. Mr. Abedin, learned counsel for the petitioner submits that having placed the petitioner under suspension, vide impugned order dated 08.07.2025 (Annexure – 10), the respondent authorities neither reviewed the same nor reinstated the petitioner in her service and also, no charge-sheet has been submitted to her till date.

4.1. Referring to a decision of Hon’ble Supreme Court i