RANJU PRAJAPATI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. A.M. Barbhuiya, the learned counsel appearing for the petitioner. Also heard Mr. B Kaushik, learned counsel appearing on behalf of respondent Nos.1, 3, 4 and 5 and Mr. B Gogoi, learned Standing counsel appearing on behalf of respondent No.2.

(2.) The case projected by the Petitioner in a nutshell is that he is an Assistant Teacher of Dholai Molai ME School under Katlichera Elementary Block in the district of Hailakandi. He was arrested on 6/9/2022 in connection with Katlichera PS Case No.152/2022 u/s 302/34 IPC (GR Case No.893/2022) and he was sent to judicial custody by the Court below. Since he was under arrest beyond 24 hours, the BEEO, Katlichera Elementary Block put him under suspension vide order dtd. 9/9/2022.

(3.) But the Petitioner was subsequently released on bail by order dtd. 25/11/2022 passed by the Learned Additional Sessions Judge, Hailakandi in Criminal Misc (B) Case No.461/2022. It is the further case of the Petitioner that after release from the jail on 25/11/2022, he submitted representation on 24/12/2022 for his reinstatement into the service which is not yet considered by the Departmental Authority. It has further been stated that the Departmental Authority neither has initiated a Departmental Proceeding (DP) by framing charge against the Petitioner nor he has been re-instated into the service, which according to the Petitioner is against the settled proposition of law.