Shahid Ali Mondal vs The State Of Assam And 4 Ors
2023 Latest Caselaw 1354 Gua

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GAHC010065752023




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

                         Case No. : WP(C)/1807/2023

         SHAHID ALI MONDAL
         S/O- LATE JOMSED ALI,
         VILL- SALMARA PT-VI,
         P.O.- CHOUDHURY CHAR,
         P.S.- FAKIRGANJ,
         DIST.- DHUBRI, ASSAM,
         PIN- 783349.



         VERSUS

         THE STATE OF ASSAM AND 4 ORS
         REPRESENTED BY THE SECRETARY TO THE GOVT. OF ASSAM,
         EDUCATION (ELEMENTARY) DEPARTMENT,
         DISPUR, GHY-06.

         2:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM
          FINANCE (ESTT-A) DEPARTMENT
          DISPUR
          GUWAHATI-06.

         3:THE DIRECTOR OF ELEMENTARY EDUCATION
         ASSAM
          KAHILIPARA
          GUWAHATI-19.

         4:THE DISTRICT ELEMENTARY EDUCATION OFFICER
          DHUBRI
          (ASSAM)
          PIN- 783301.

         5:THE BLOCK ELEMENTARY EDUCATION OFFICER
          BILASIPARA
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             DHUBRI (ASSAM)
             PIN

Advocate for the Petitioner   : MR. A F N U MOLLAH

Advocate for the Respondent : SC, ELEM. EDU

BEFORE HON'BLE MR. JUSTICE DEVASHIS BARUAH

31.03.2023

Heard Mr. A. F. N. U. Mollah, the leanred counsel for the petitioner and MR. P. N. Sarma, the learned counsel appearing on behalf of the respondent Nos.1, 3, 4 & 5 as well as Mr. R. Borpujari, the learned counsel appearing on behalf of the respondent No.2.

Issue notice making it returnable on 03.05.2023.

As the respondents are duly represented by their respective counsels, extra copies of the writ petition be served upon them by 03.04.2023.

The case of the petitioner herein is that the petitioner was suspended vide an order dated 01.03.2022 by the District Elementary Education Officer, Dhubri pending drawal of Departmental Proceedings. It is case of the petitioner that the petitioner has not received any Memorandum of charge as well as charge-sheet till date and the respondents have continued with the suspension order which is contrary to the law laid down by the Supreme Court in the case of Ajay Kumar Choudhury vs. The Union of India, reported in (2015) 7 SCC 291.

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Considering the above, on the returnable date, the learned counsel appearing on behalf of the respondent Nos.1, 3, 4 & 5 shall obtain necessary instructions as to whether the Memorandum of charge as well as charge-sheet has been served upon the petitioner and as to whether there has been compliance to the judgment of the Supreme Court in the case of Ajay Kumar Choudhury (supra).

List accordingly.

JUDGE

Comparing Assistant