JAHIRUL ISLAM (MD.) Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. D. Mahanta, the learned counsel appearing on behalf of the petitioner and Mr. K. Gogoi, the learned Standing counsel appearing on behalf of the Higher Education Department. I have also heard Mr. G. Alam, the learned counsel appearing on behalf of the respondent Nos. 3 and 4 and Mr. S. R. Baruah, the learned Government Advocate, Assam for respondent No.5.

(2.) The petitioner herein has approached this Court seeking a direction for setting aside the impugned Order of Suspension No. DHE/CE/Misc/81/2021/6 dtd. 21/10/2021 issued by the Director of Higher Education, Assam (hereinafter referred to as the impugned order) and further seeking a direction upon the respondents to reinstate the petitioner in service by revoking the impugned order of suspension.

(3.) The facts of the instant case is that the petitioner was appointed on 4/12/2015 as an Assistant Professor in the Department of Arabic in the Anandaram Dhekial Phookan College under the Directorate of Higher Education, Assam. On 6/10/2021, the petitioner was arrested by the C.I.D. Assam on the basis of an F.I.R. lodged by one Sri Gautam Chandra Kumar. The said F.I.R. was registered and numbered as CID P.S. Case No.10/2021 under Ss. 120(B)/420/467/468/471 of the Indian Penal Code, 1908. Thereafter, on 7/10/2021, the petitioner was produced before the learned Special Judge, Assam and after completion of police remand, he was remanded to the judicial custody.