GAHC010245482022 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : WP(C)/7802/2022 KAZI ATOWAR RAHMAN S/O. LT. KAZI BAKEJUDDIN, VILL. AND P.O. DUTTA KUCHI, P.S. AND DIST.

BARPETA, ASSAM.

VERSUS THE STATE OF ASSAM AND 3 ORS REP. BY THE SECRETARY TO THE GOVT. OF ASSAM, SECONDARY EDUCATION DEPTT., DISPUR, GUWAHATI-781006.

2:THE DIRECTOR OF SECONDARY EDUCATION ASSAM KAHILIPARA GUWAHATI-781019.

3:THE INSPECTOR OF SCHOOLS BDC BARPETA P.O. AND DIST. BARPETA ASSAM PIN-781301.

4:THE SECRETARY TO THE GOVT. OF ASSAM FINANCE DEPTT.

DISPUR GUWAHATI-781006 Advocate for the Petitioner : MR. S ISLAM, MR A HAWARI Advocate for the Respondent : SC, SEC. EDU., MR. U SARMA, SC, SECONDARY EDUCATION DEPTT. (R-1,2 & 3),SC, FINANCE BEFORE HONOURABLE MR. JUSTICE RAJESH MAZUMDAR

ORDER

07.02.2026 Date :

Heard Mr. S. Islam, learned counsel for the petitioner. Also heard Mr. U. Sarma, learned Standing counsel for the Secondary Education, Mr. P. Nayak, learned Addl. Advocate General has appeared on the request of this Court. Ms. M. Hojai, the Director Secondary Education department and the Inspector of School Education department, Barpeta who had passed the concerned order dated 09.12.2022 and 15.07.2022 namely, Mr. M. Kakoti are also present before this Court through video conference.

This Court while going through the records has noticed that the petitioner was placed under suspension by the order dated 06.05.2015 and subsequently by the order dated 17.09.2018 he was re-instated and joined his duty on 20.09.2018 and since then the petitioner had been discharging, as per his assertion, duty. The suspension order of the petitioner was revoked by the order dated 17.09.2018 issued by the Inspector of Schools, Barpeta on the basis of an order of Director of Secondary Education, which was communicated by vide letter No. GIS/DSE/CC/16/2018/75 dated 21.08.2018. The records of the case reveals that pursuant to the order passed in WP(C) No.4352/2015, the Director, Elementary Education department, who was the appointing authority of the petitioner at that relevant point of time, had requested the Secretary to the Government of Assam, Secondary Education department and the Director, Secondary Education department, Assam to take necessary steps to re- instate the petitioner in his service in the original substantive post for the benefits of students, keeping his re-instatement subject to the outcome of the criminal proceeding and departmental proceeding, if any. The reasons for the Director, Secondary Education department requiring the petitioner to be re-instated in service by the order dated 21.08.2018 is not placed before this Court.

By the next dated fixed, the Director of Secondary Education department shall ensure that the said order is placed before this Court. The relevant notings leading to the passing of the order should be placed before this Court.

The petitioner approached this Court by filing W.P(C) No. 1286/2019 praying for payment of salary for the period under suspension and this Court by the order dated 30.08.2019 observed that such direction can be considered only after final orders are passed in the departmental inquiry as well as in the criminal proceeding against him in accordance with law. By the order dated 30.03.2022, the Trial Court had acquitted the petitioner of the charges leveled against him. Till such time no departmental proceedings had been initiated against the petitioner.

The petitioner again approached this Court by filing WP(C) No. 3466/2022 claiming the regularization of his period of suspension and for regular salary for the aforesaid period. This Court gave the liberty to the petitioner to approach the authorities on or before 30.06.2022 by filing a representation before the Inspector of Schools, Barpeta District Circle which was required to be forwarded to the Director, Secondary Education department to dispose the said representation with a reasoned order after considering the releva