Hazrat Ali Ahmed vs The State Of Assam And 3 Ors
2021 Latest Caselaw 34 Gua

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GAHC010142322020




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

                                 Case No. : WP(C)/4388/2020

            HAZRAT ALI AHMED
            S/O LT. HABIL SHEIKH, R/O PIPULBARI PART-II, BOCHAKATA, P.O.
            KALAPANI, DIST- SOUTH SALMARA MANKACHAR, ASSAM

            VERSUS

            THE STATE OF ASSAM AND 3 ORS
            REP. BY THE SECRETARY AND COMMISSIONER TO THE GOVT. OF ASSAM,
            EDUCATION DEPTT., GHY-3

            2:THE DIRECTOR OF ELEMENTARY EDUCATION
            ASSAM
             KAHILIPARA
             GHY-19

            3:THE DISTRICT ELEMENTARY EDUCATION OFFICER
             DHUBRI
            ASSAM

            4:THE DY. INSPECTOR OF SCHOOLS
             SOUTH SALMARA
             MANKACHAR
            ASSA

Advocate for the Petitioner   : MR I RAFIQUE

Advocate for the Respondent : GA, ASSAM
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                                            BEFORE
                 HON'BLE MR. JUSTICE MANASH RANJAN PATHAK

                                             ORDER

06-01-2021

Heard Mr. I. Rafique, learned counsel for the petitioner. Also heard Mr. P. Bora, learned Standing counsel, Elementary Education Department for the respondent Nos. 1 to 4.

Pursuant to the order dated 21.10.2020, the petitioner has filed an additional affidavit on 15.12.2020.

The petitioner was the Head Teacher of 1888 No. Bochakata Girls L. P. School under Mankachar Education Block of South Salmara Mancachar District.

It is seen that the petitioner was arrested on 02.12.2019 in connection with South Salmara Mankachar P.S. Case No. 251/2019 registered under Sections 379/411 IPC read with Section 98 of the Illegal Cattle Transportation Rules and Section 11 of the Prevention of Cruelty on Animals Act.

By order dated 23.12.2019, the petitioner was released on bail by the learned Sub- Divisional Judicial Magistrate (M), Hatsingimari.

As the petitioner was arrested and detained in judicial custody for more than 48 hours, the District Elementary Education Officer, Dhubri by order under Memo No. EED- 45/Pt/SKAMIR/2016.7450-56 dated 16.03.2020, placed the petitioner under suspension w.e.f., the date of his arrest i.e., 02.12.2019 under Rule 6(1) & (2) of the Assam Services (Discipline and Appeal) Rules, 1964.

It is submitted by the petitioner that till date, neither any show cause notice has been issued to him by the authorities in the Elementary Education Department, nor police had submitted the charge sheet in the case. Hence, this writ petition by the petitioner for his reinstatement in service.

The petitioner is claiming his reinstatement in service in terms of the judgment of the Hon'ble Apex Court in the case of Ajay Kumar Choudhary Vs. Union Of India, reported in (2015) 7 SCC 291 .

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Issue notice, returnable by 12.02.2021.

As Mr. P. Bora, learned Standing counsel, Elementary Education Department has accepted notices on behalf of the respondent Nos. 1 to 4, no formal notice need be issued to those respondents.

Petitioner shall serve requisite extra copy of this writ petition including the annexures appended thereto to Mr. P. Bora by tomorrow obtaining necessary acknowledgment.

JUDGE

Comparing Assistant