The High Court quashed a three-month-old suspension order against an Assistant Teacher for inaction and reinstated him, directing authorities to conclude disciplinary proceedings.
The suspension order dated 04.04.2022 is quashed; petitioner restored to service; pending disciplinary proceedings to be concluded within 4 months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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GAHC010146322022
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/4821/2022
JAYANTA KR. BARMAN S/O- ANANTA KR. BARMAN, R/O- DOKHIN CHOUTARA, P.S- GOSSAIGAON, DIST- KOKRAJHAR, BTC, ASSAM
VERSUS
THE STATE OF ASSAM AND 8 ORS.
REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, EDUCATION (ELEMENTARY) DEPARTMENT DISPUR, GUWAHATI-781006
2:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM FINANCE (ESTT-A) DEPARTMENT DISPUR GUWAHATI-781006
3:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI-781019
4:THE BODOLAND TERRITORIAL COUNCIL REP .BY THE SECRETARY EDUCATION DEPARTMENT BODOLAND TERRITORIAL COUNCIL KOKRAJHAR ASSAM
5:THE DIRECTOR OF EDUCATION
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BODOLAND TERRITORIAL COUNCIL KOKRAJHAR ASSAM 6:THE INSPECTOR OF SCHOOL KOKRAJHAR DISTRICT CIRCLE KOKRAJHAR ASSAM 7:TE DISTRICT ELEMENTARY EDUCATION OFFICER KOKRAJHAR BTAD ASSAM 8:THE DEPUTY INSPECTOR OF SCHOOLS GOSSAIGAON P.O AND P.S- GOSSAIGAON DIST- KOKRAJHAR BTAD ASSAM 9:THE BLOCK ELEMENTARYEDUCATION OFFICER KACHUGAON EDUCATION BLOCK P.O AND P.S- KACHUGAON DIST- KOKRAJHAR BTAD ASSA
Advocate for the Petitioner : MR. A A R KARIM
Advocate for the Respondent : SC, ELEM. EDU
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BEFORE HONOURABLE MR. JUSTICE LANUSUNGKUM JAMIR
ORDER
Date : 12.08.2022
Heard Mr. A.R.R. Karim, learned counsel for the petitioner. Mr. P.N. Sarma, learned standing counsel, Elementary Education for respondent Nos. 1 and 3. Mr. A.Chaliha, learned standing counsel, Finance for respondent No.2 and Mr. S.Bora, learned standing counsel, BTC for respondent Nos. 4 to 9.
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months, the order dated 04.04.2022 issued by the Director of Education, Bodoland Territorial Council, Kokajhar, suspending the petitioner is set aside and quashed. The respondents are directed to forthwith reinstate the petitioner back into service. The respondents are also permitted to conclude the pending disciplinary proceeding against the petitioner within a period of 4(four) months from the date of receipt of the copy of the order of this Court.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the suspension order passed against the petitioner after the expiry of three months without review is liable to be quashed.
1 provisions across 1 enactments
JAYANTA KR. BARMAN
THE STATE OF ASSAM AND 8 ORS.
LANUSUNGKUM JAMIR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
