Md Azharuddin vs The State Of Assam And 3 Ors
2022 Latest Caselaw 3895 Gua

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GAHC010194412022




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

                                 Case No. : WP(C)/6472/2022

            MD AZHARUDDIN
            S/O- LT. NOWSAD ALI, R/O- VILL- BORIGAON, P.S. MORIGAON, DIST.-
            MORIGAON, ASSAM


            VERSUS

            THE STATE OF ASSAM AND 3 ORS
            TO BE REP. BY THE SECY. TO THE GOVT. OF ASSAM, ELEMENTARY
            EDUCATION DEPTT., DISPUR, GHY-6

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

            3:THE DISTRICT ELEMENTARY EDUCATION OFFICER
             MORIGAON
             P.O.
             P.S. AND DIST.- MORIGAON
            ASSAM
             PIN- 782105

            4:THE BLOCK ELEMENTARY EDUCATION OFFICER
             MAYONG
             P.O. MAYONG
             DIST.- MORIGAON
            ASSAM
             PIN- 78241

Advocate for the Petitioner   : MR. A M S MAZUMDER

Advocate for the Respondent : SC, ELEM. EDU
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                                   BEFORE
                       HONOURABLE MR. JUSTICE NELSON SAILO

                                          ORDER

Date : 28-09-2022

Heard Mr. AMS Mazumder, learned counsel for the petitioner.

The petitioner has challenged the order dated 31.03.2022 by which he was suspended. According to him despite lapse of 90 days, the Disciplinary Authority concerned has not reviewed the suspension order and therefore, the order of suspension has to be set aside in terms of the Division Bench judgment dated 04.10.2019 in WP(C) No. 3218/2019 (Rakibuddin Ahmed vs. State of Assam & Ors.) (Annexure-7).

Mr. A Phukan, learned counsel submits that he may be given 2 (two) days' time to obtain instructions.

In view of above, list the matter on 30th September, 2022.

A copy of this order be furnished to Mr. A Phukan, learned counsel during the course of the day.

JUDGE

Comparing Assistant