Madhusudhan Dasgupta v. The State of Assam and 2 Ors

O R D E R

02.09.2024

Heard Ms. D. Borgohain, learned counsel for the petitioner. Also heard Ms. S. Chutia, learned Standing Counsel, Elementary Education Department, Government of Assam, for all the respondents. By this writ petition, the petitioner is challenging the order, dated

11.10.2023, issued by the Director of Elementary Education, Assam by which the petitioner was placed under suspension on the ground of gross negligence of duty, indiscipline, insincerity, lack of integrity and for maligning the image of the Department pending drawal of Disciplinary Proceeding. Ms. Chutia, learned Standing Counsel, Elementary Education Department, Government of Assam, has produced an order, dated 30.08.2024, issued by the Director of Elementary Education, Assam by which the petitioner has been reinstated into service after concluding the Disciplinary Proceeding and posted at Anchalik M.E. School. The order further stipulates that the period of suspension of the petitioner is regularized for all purposes. Ms. Borgohain, learned counsel for the petitioner, submits that as the petitioner has been reinstated back into service and his suspension has been regularized for all purposes, the writ petition may be closed with direction to the respondents to pay the arrear salary of the petitioner within a specific period of time. Page No.# 3/3 Recording the submission made by learned counsel for the petitioner and in view of the order, dated 30.08.2024, issued by the Director of Elementary Education, Assam, this writ petition is closed. The respondents are, however, directed to release the arrear salary of the petitioner at the earliest but not later than two months from the date of receipt of a copy of the order of this Court. The order, dated 30.08.2024, is placed on record.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010286422023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/7407/2023o MADHUSUDHANoDASGUPTAo SONoOFoLATEoNIPENDRAoDASGUPTA,o R/O-oPANIGAONoANANDAoNAGAR,o P.O.-oITACHALI,oP.S.-oSADAR,o PIN-o782005,o DIST.-oNAGAON,oASSAM. VERSUSo THEoSTATEoOFoASSAMoANDo2oORSo REPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.o OFoASSAM,o EDUCATIONo(ELEMENTARY)oDEPARTMENT,o DISPUR,oGUWAHATI-o781006. 2:THEoDIRECTORoOFoELEMENTARYoEDUCATION oASSAM oKAHILIPARA oGUWAHATI-o781019. 3:THEoDISTRICToELEMENTARYoEDUCATIONoOFFICER oNAGAON oPIN-o782003 oASSAMo AdvocateoforotheoPetitionerooooo:oMSoDoBORGOHAIN,oMS.oMoSARMAH,MS.oKoBARUAH,MR.oPo GOHAINo AdvocateoforotheoRespondento:oSC,oELEM.oEDU,oo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo Page No.# 2/3 BEFORE HON'BLE MR. JUSTICE LANUSUNGKUM JAMIR