Citation : 2026 Latest Caselaw 1658 Gua
Judgement Date : 24 February, 2026
Page No.# 1/3
GAHC010242432025
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/6690/2025
ABDUL AZIZ SHEIKH
S.O-LATE BANEJ ALI ,
VILL PATAKTA SOUTH SALMRA ASSAM
VERSUS
THE STATE OF ASSAM AND OTHRS
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE
GOVERNMENT OF ASSAM, ELEMENTARY EDUCATION DEPARTMENT,
DISPUR, GUWAHATI-06, ASSAM
2:THE DIRECTOR OF ELEMENTARY EDUCATION
ASSAM
KAHILIPARA
GUWAHATI-19.
3:THE DISTRICT ELEMENTARY EDUCATION OFFICER
SOUTH SALMARA
MANKACHAR
P.O- HATSINGOMARI
P.S- SOUTH SALMARA
DIST- SOUTH SALMARA MANKACHAR
PIN-783135
4:DEPUTY INSPECTOR OF SCHOOLS
SOUTH SALMARA
MANKACHAR
P.O- HATSINGIMARI
P.S- SOUTH SALMARA
Page No.# 2/3
DIST- SOUTH SALMARA MANKACHAR
PIN-783135
5:BLOCK ELEMENTARY EDUCATION OFFICER
SOUTH SALMARA
P.O AND P.S- SOUTH SALMARA
DIST- SOUTH SALMARA MANKACHAR
PIN-783127
ASSAM
Advocate for the Petitioner : MR A ISLAM, MR A ISLAM,E HUSSAIN
Advocate for the Respondent : SC, ELEM. EDU,
BEFORE
HONOURABLE MR. JUSTICE NELSON SAILO
ORDER
Date : 24-02-2026
Petitioner is aggrieved because of his prolonged suspension since 09.11.2020 on which date, he was arrested. The suspension order has been passed, vide order dated 27.11.2020 and the respondent authorities have neither reinstated him into service nor reviewed the suspension order.
Mr. PK Borah, learned Standing Counsel, Elementary Education Department appearing on behalf of all the respondents submits that the petitioner himself has not informed the respondent authorities about he being released on bail.
Be that as it may, since the petitioner has filed this writ petition enclosing a copy of the bail order in the year 2025, the respondent authorities by now should be aware about his release on bail. They are therefore, required to justify Page No.# 3/3
their action, as to why the petitioner has been kept under prolonged suspension till date.
Mr. Borah, learned counsel for the respondents prays for and is granted 2 (two) weeks time to obtain instructions.
List again on 18.03.2026.
JUDGE
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