Nirud Gogoi @ Nirod Gogoi vs The State Of Assam And Anr 3 Ors
2023 Latest Caselaw 4639 Gua

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GAHC010219992023




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

                                 Case No. : WP(C)/5760/2023

            NIRUD GOGOI @ NIROD GOGOI
            S/O LT. SHIDHIRAM GOGOI R/O NO. 3 SIMOLUGURI P.O. SIMOLUGURI P.S.
            BIHPURIA DIST. LAKHIMPUR ASSAM PIN 784165
            VERSUS
            THE STATE OF ASSAM AND ANR 3 ORS
            REP. BY THE SECRETARY SCHOOL EDUCATION DEPTT. GOVT. OF ASSAM
            DISPUR GUWAHATI 6
            2:THE DIRECTOR OF SECONDARY EDUCATION
            ASSAM
             KAHILIPARA GUWAHATI 19
            3:THE INSPECTOR OF SCHOOLS
             LAKHIMPUR DIST. CIRCLE LAKHIMPUR P.O. AND P.S NORTH LAKHIMPUR
            DIST. LAKHIMPUR
            4:THE PRINCIPAL
             SIMOLUGURI HIGHER SECONDARY SCHOOL P.O. SIMOLUGURI PS.
            BIHPURIA DIST. LAKHIMPUR PIN 78416

Advocate for the Petitioner   : MR. M K NEOG

Advocate for the Respondent : SC, SEC. EDU.

                                  BEFORE
                HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA

                                          ORDER

16.11.2023

The petitioner's case is that he has been placed under suspension, vide an order dated 18.05.2023 w.e.f. 13.05.2023 and as there was no review for the extension of the suspension order within 3 (three) months, as required in the Page No.# 2/2

judgment of the Supreme Court in Ajay Kumar Choudhary vs Union of India & Another, reported in (2015) 7 SCC 291 and Rakibuddin Ahmed vs. State of Assam and Others , reported in 2020 (2) GLR 621, the petitioner's suspension would have to be set aside and reinstated.

On the other hand, Mr. N.J. Khataniar, learned counsel for the respondents submits that show-cause-notice has been issued to the petitioner on 12.10.2023. Besides the above, the petitioner was released on bail in the criminal case on 19.06.2023 and as the petitioner informed the authorities only on 11.08.2023 that he has been released on bail, the period of 90 (ninety) days for review of the extension of the suspension order would have to be counted from 11.08.2023. In support of his submission, he has relied upon the judgment and order dated 17.02.2023 passed in WP(C) No.455/2023.

Mr. N.J. Khataniar shall produce the records to show that show-cause- notice was issued to the petitioner on 12.10.2023.

List the matter on 20.11.2023.

JUDGE

Comparing Assistant