PARESH CH. DEKA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. M. J. Baruah, the learned counsel for the petitioner and Ms. D. Muchahary, the learned counsel appearing on behalf of the respondent Nos.1 to 3.

(2.) The Office Note is not clear as to whether the service upon the respondent No.4 is complete. Be that as it may, as the learned counsel for the petitioner is only agitating the further continuation of the suspension order to be bad on the ground of 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 as well as in the case of Union of India and Others vs. Dipak Mali, reported in (2010) 2 SCC 222, this Court is of the opinion that the instant writ petition can be disposed of in absence of the respondent No.4.

(3.) The facts involved in the instant case is that the petitioner was appointed as the Headmaster of Patidarrang Vidyapith High School, Kamrup vide an order dtd. 5/8/2017 by the Director of Secondary Education, Assam. Subsequent thereto, while the petitioner was rendering service as the Headmaster of Patidarrang Vidyapith High School, Kamrup, a FIR was filed by one Md. Mostafa Ali against the petitioner which was registered and numbered as Baihata P.S. Case No.106/2022, registered under Ss. 354 (A)/509 of the IPC read with Sec. 10 of the Protection of Children from Sexual Offence Act, 2012. Thereupon, it appears that the Director of Secondary Education had vide an order dtd. 4/4/2022 placed the petitioner under suspension pending drawal of Departmental Proceedings in exercise of powers under Rule 6 (1) of the Assam Service (Discipline and Appeal) Rules, 1964. It further transpires from the record that the petitioner had submitted a representation dtd. 4/7/2022 stating inter-alia that he had been released on bail by this Court and even after a lapse of 90 days from the date of his suspension, the Departmental Proceedings has not been initiated for which the petitioner ought to be reinstated.