Shams Uddin Barbhuiya v. the State of Assam and 3 Ors.
Case brief
What is this about?
Gauhati High Court, WP(C)/6424/2025, Shams Uddin Barbhuiya v. State of Assam — regularization of suspension period pending departmental proceedings (FR 54-B); sealed cover treatment of promotion to Headmaster where employee under disciplinary cloud; enquiry report to be furnished within 15 days, representation within 7 days, final decision and regularization order together within 6 weeks by Director of Elementary Education, Assam.
What did the court decide?
Writ petition disposed of with directions: the Director of Elementary Education, Assam to forward a copy of the enquiry report to the petitioner within 15 days; the petitioner to file his representation within a further 7 days; the Director to take a final decision in the departmental proceeding and simultaneously issue an order regularizing the suspension period along with the final order; the petitioner's promotion case for the post of Headmaster, if considered, to be kept in sealed cover and opened only upon exoneration; the whole exercise to be completed within 6 weeks of receipt of a certified copy of the order. Immediate regularization of the suspension period and open consideration for promotion were not granted at this stage.