Nikhil Gohain vs The State Of Assam And 2 Ors
2022 Latest Caselaw 4355 Gua

                                                                                  Page No.# 1/2

GAHC010219282022




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

                                  Case No. : WP(C)/7058/2022

            NIKHIL GOHAIN
            S/O- LATE BIGYAN GOHAIN, R/O- VILL.- MUDOI GAON, P.O. BOGDUNG
            VIA PANITOLA, P.S. CHABUA, DIST. DIBRUGARH, ASSAM, PIN- 786183.

            VERSUS

            THE STATE OF ASSAM AND 2 ORS
            REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE
            GOVERNMENT OF ASSAM, DEPARTMENT OF SCHOOLS EDUCATION,
            DISPUR, GUWAHATI-06, ASSAM

            2:THE DIRECTOR OF (ELEMENTARY) EDUCATION
            ASSAM
             KAHILIPARA
             GUWAHATI-781019.

            3:THE DISTRICT ELEMENTARY EDUCATION OFFICER (DEEO)
             DIBRUGARH
             DIST. DIBRUGARH
            ASSA
Advocate for the Petitioner : MS M DAS
Advocate for the Respondent : SC, ELEM. EDU

                                             BEFORE
                   HON'BLE MR. JUSTICE MANASH RANJAN PATHAK
                                             ORDER

09-11-2022

Heard Ms. M. Das, learned counsel for the petitioner and Mr. P.N. Sarma, learned Standing counsel, Elementary Education Department for the respondent Nos. 1 to 3.

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Petitioner was the Head Teacher of Betmala Lower Primary School under Panitola Education Block in the District of Dibrugarh.

By order dated 12.08.2022, the Director of Elementary Education, Assam suspended the petitioner from his service w.e.f. 08.07.2022 as he was detained in police custody for his involvement in Tinsukia Police Station Case No. 605/2022 under Sections 196/199/366/376/313/498A IPC read with Section 4 of the POCSO Act and read with Section 9 of the Prohibition of Child Marriage Act.

It is submitted by the petitioner that till date he has not been served with any show cause notice by the respondent authorities in the Elementary Education Department after placing him under suspension w.e.f. 08.07.2022 by the said order dated 12.08.2022, noted above.

As such, the petitioner is seeking benefit of reinstatement in service in terms of the judgment and order of the Hon'ble Supreme Court passed in the case of Ajay Choudhury Vs. Union of India and others reported in 2015 (7) SCC 291 that is followed in numbers of cases by this Court.

List this matter on 24.11.2022 enabling Mr. Sarma, learned Standing counsel, Elementary Education Department to apprise the Court as to whether the DEE, Assam had served any show cause notice to the petitioner after placing him under suspension w.e.f. 08.07.2022 or not and if so, when it was served upon him.

Petitioner shall serve two extra copies of this writ petition including the annexures appended thereto to Mr. P.N. Sarma, learned Standing counsel, Elementary Education Department by tomorrow, i.e., 10.11.2022 obtaining necessary acknowledgment from him in that regard.

Copy of this order be furnished to Mr. P.N. Sarma, learned Standing counsel, Elementary Education Department for his necessary use.

JUDGE

Comparing Assistant