Bikash Purkayastha vs The State Of Assam And 4 Ors
2023 Latest Caselaw 3642 Gua

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GAHC010138502023




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

                          Case No. : WP(C)/3696/2023

         BIKASH PURKAYASTHA
         S/O- LT. BIRENDRA KR. PURKAYASTHA,
         R/O- MALUGRAM, NABAPALLY ROAD,
         HOUSE NO. 07,
         P.O.- SILCHAR-2, P.S.- MALUGRAM OUT POST,
         DISTRICT- CACHAR, ASSAM,
         PIN- 788002.



         VERSUS

         THE STATE OF ASSAM AND 4 ORS.
         REPRESENTED BY THE COMMISSIONER AND SECRETARY,
         DEPARTMENT OF EDUCATION( SECONDARY),
         GOVERNMENT OF ASSAM,
         DISPUR, GUWAHATI-06.

         2:THE DIRECTOR OF SECONDARY EDUCATION
         ASSAM
          KAHILIPARA
          GUWAHATI- 781019.

         3:DEPUTY COMMISSIONER
          CACHAR
          SILCHAR
          PIN- 788001.

         4:THE INSPECTOR OF SCHOOLS
          CDC
          SILCHAR
          DISTRICT- CACHAR
         ASSAM
          PIN- 788001.
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            5:THE PRINCIPAL
             BASKANDI NENA MIA HIGHER SECONDARY SCHOOL
             BASKANDI
             DISTRICT- CACHAR
            PIN- 788101

Advocate for the Petitioner   : MRS. P GOSWAMI

Advocate for the Respondent : SC, SEC. EDU.




                                        BEFORE
          HON'BLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA
                                       O R D E R

11.09.2023

Heard Ms. P Goswami, learned counsel for the petitioner, Mr. SMT Chisti, learned counsel for the respondents in the Secondary Education Department, Government of Assam and Mr. Girin Pegu, learned Additional Senior Government Advocate for the respondent No. 3.

Issue notice returnable in four weeks.

Extra copies of the writ petition be furnished to the respective learned counsel within three days.

An order dated 14.03.2023 of the Inspector of Schools, Silchar, whereby the petitioner Bikash Purkayastha was placed under suspension is assailed in this writ petition. It is noticed that a period of three months since the order of suspension is already over. Accordingly, we required the information from the respondents as to whether as required under paragraph 21 of the judgment of the Hon'ble Supreme Court in Ajay Kumar Choudhary vs- Union of India, reported in (2015) 7 SCC 291 had been complied with or not.

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It has been informed by Mr. SMT Chisti, learned counsel for the respondents in the Secondary Education Department upon obtaining instruction that no such exercise of review had been undertaken nor any show cause notice had been issued against the petitioner.

In view of the prima-facie case being made out, the order of suspension dated 14.03.2023 is stayed until further orders.

List the matter after four weeks.

JUDGE

Comparing Assistant