ZAKIR HUSSAIN Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. H Bezbaruah, learned counsel for the petitioner. Also heard Mr. C Bhattacharjee, learned Standing counsel, Education, Secondary Department.

(2.) The petitioner was appointed as an Assistant Teacher in Arabic, Madhukuchi Anchalik Girls High School in the year 1991 and states that, since then, he is discharging his duties to the satisfaction of all concerned.

(3.) The petitioner was appointed as an examiner for the subject Arabic(E) by a letter dated 25.02.2015 for the HSLC/AHM Examination, 2015 at Rangia Higher Secondary School. By the said letter, the petitioner was also directed to report for training for 15 days to familiarize with the new ICR-cum-OMR technology introduced for the first time in the evaluation process. It is stated that for the purpose of evaluation, the petitioner remained present from 02.04.2015 to 11.04.2015. But on 104.2015, the petitioner fell sick and, accordingly, he informed the Scrutinizing Officer over phone about his illness and could not attend evaluation duty on that date. The subsequent dates i.e., 14.04.2015 and 15.04.2015 were closed for evaluation being holidays due to Bohag Bihu. On 16.04.2015, the petitioner submitted an application to the Chief Zonal Officer, informing him of his inability to attend the evaluation duty due to his prolonged illness. Subsequently, when the petitioner reported back for duties on 20.04.2015 for the purpose of evaluation, the petitioner was served with a copy of the order dated 20.04.2015, by which the petitioner was placed under suspension with immediate effect. In the said order of 20.04.2015, it is provided that the petitioner was found to be absent for evaluation duty on 19.04.2015 and that the petitioner was absent for 4(four) days as per the records of the Zonal Officer. Accordingly the absence of the petitioner was treated as gross negligence of duty, therefore, he is placed under suspension with immediate effect. Although, it was stated that he was entitled to draw subsistence allowances as per rules, but the order of suspension does not provide any information as to whether any disciplinary action is contemplated against the petitioner or not.