Gauhati High Court
Jholmal Dutta vs The State Of Assam And 4 Ors on 29 September, 2021
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GAHC010128302020
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/3700/2020
JHOLMAL DUTTA
S/O- NIRMAL KANTI DUTTA, R/O- CONVENT ROAD, P.O. HALFLONG,
DIST.- DIMA HASAO, ASSAM
VERSUS
THE STATE OF ASSAM AND 4 ORS.
REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM,
EDUCATION (SECONDARY) DEPARTMENT.
2:THE DIMA HASAO AUTONOMOUS COUNCIL
REP.BY THE PRINCIPAL SECRETARY
DIMA HASAO
HALFLONG.
3:THE SECRETARY
DEPARTMENT OF EDUCATION
DIMA HASAO AUTONOMOUS COUNCIL
DIMA HASAO
HALFLONG.
4:THE COMMISSIONER CUM EXECUTIVE MAGISTRATE
DIMA HASAO
HALFLONG.
5:THE INSPECTOR OF SCHOOLS
DIMA HASAO
HALFLONG
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Advocate for the Petitioner : MS. B SARMA
Advocate for the Respondent : SC, HIGHER EDU
BEFORE
HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA
JUDGMENT & ORDER (ORAL)
Date : 29-09-2021
Heard Ms. B Sarma, learned counsel for the petitioner. Also heard Mr. R Mazumdar,
learned counsel for the respondent no. 1 being the authorities under the Secondary
Education Department, Government of Assam, Mr. R M Das, learned counsel for the
respondents no. 2, 3 and 5 being the authorities under the NC Hills Autonomous Council and
Ms. D D Barman, learned Additional Senior Government Advocate for the respondent no. 4
being the Commissioner cum Executive Magistrate, Dima Hasao, Haflong.
2. The petitioner who is an Assistant Teacher Class II (Series) in the Mahur Higher
Secondary Schoosl, Dima Hasao, Haflong was placed under suspension by the order dated
12.12.2019 of the Inspector of Schools, Dima Hasao.
3. A reading of the order goes to show that the suspension was made by referring to
Haflong Police Station Case No. 133/2019 under Section 120(B)420/468/471/409 of the
Indian Penal Code and the Magistrate enquiry vide D.C. office memo no. NCH/EL/IC-34/2019-
20/582-85 and the letter of the I/O of the Haflong Police Station dated 09.12.2019.
4. Although the aforesaid police case and the Magistrate enquiry report and the letter of
the I.O. were referred, a reading of the order of suspension goes to show that the petitioner
was placed under suspension with immediate effect for gross negligence of duty, pending
drawal of departmental proceeding.
5. A reading of the order goes to show that it is not a suspension under Rule 6(2) of the
Assam Services (Discipline and Appeal) Rules, 1964 but it is a suspension pending drawal a
departmental proceeding meaning thereby a suspension under Rule 6(1).
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6. It is also informed to us that after the order of suspension, a departmental proceeding
had been drawn by the show-cause notice dated 04.01.2021. But however, no material is
made available that the authorities have taken any decision to review the continuation of the
suspension of the petitioner.
7. Paragraph 21 of the pronouncement of the Supreme Court in Ajay Kumar Choudhury vs.
Union of India reported in (2015) 7 SCC 291 provides that the order of suspension would
have to be reviewed by the authorities every three months justifying that the continuation of
the suspension is required and if it is not done so, the order of suspension would no longer
be sustainable.
8. In the instant case, as no review has been made by invoking the proposition laid down
by the Supreme Court in Ajay Kumar Choudhury (supra), the order of suspension dated
12.12.2019 in respect of the petitioner issued by the Inspector of Schools, Dima Hasao,
Haflong which is annexed as Annexure-VII, page-28 to the writ petition stands set aside.
However, the interference with the order of suspension shall not preclude the respondents to
continue with the departmental proceeding that had already been initiated.
9. Writ petition stands disposed of in the above terms.
JUDGE
Comparing Assistant
