Mubaraque Hussain v. The State of Assam and 7 Ors

ORDER Date : 29/07/2024 Vijay Bishnoi, CJ

Heard Mr. R.C. Das, learned counsel for the appellant. We have also heard Mr. N.J. Khataniar, learned Standing Counsel, Education Department, Assam and Mr. N. Das, learned Government Advocate, Assam, appearing for the respondents. Notices upon all the respondents has duly been served. This writ appeal is filed by the appellant against the order dated 04/03/2024 passed by the learned Single Judge in WP(C) No. 6853/2023. In WP(C) No. 6853/2023, the petitioner Page No.# 3/3 has challenged the suspension order dated 16/06/2023 issue by the Director, Elementary Education, Assam, suspending the petitioner from the post of Head Master of Puthikhaity M.E. school under the BEEO, Rupahi. The learned Single Judge had noticed that in the departmental proceeding, the petitioner has been awarded some punishment and thereafter, his suspension order has been revoked and he is allowed to join on the original place of posting. While observing this, the learned Single Judge has disposed of the writ petition with the direction to the In-charge Head Master to permit the petitioner to join in his original place of posting. Having heard the learned counsel for the parties and after going through the materials available on record, particularly, taking into consideration the fact that the petitioner has filed the writ petition challenging the suspension order and when the same has already been revoked, no further order is required to be passed. Hence, we do not find any merit in the writ appeal. The same is accordingly dismissed.

JUDGE CHIEF JUSTICE

sukhamay Comparing Assistant

PageoNo.#o1/3 GAHC010072452024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWA/119/2024o MUBARAQUEoHUSSAINo S/O-oSULTANoMAMUD,oRESIDENToOFoVILLAGE-oJARATHANI,oP.O.oANDoP.S.o RUPAHI,oDIST.-oNAGAON,oASSAM,oPIN-o782125 VERSUSo THEoSTATEoOFoASSAMoANDo7oORSo REPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.o OFoASSAM,oELEMENTARYoEDUCATIONoDEPARTMENT,oDISPUR,o GUWAHATI-6,oDISTRICT-oKAMRUPo(METRO),oASSAM 2:THEoDIRECTORoOFoELEMENTARYoEDUCATION oASSAM oKAHILIPARA oGUWAHATI-o781019 3:THEoDEPUTYoDIRECTORoANDoINQUIRYoOFFICER oELEMENTARYoEDUCATION oASSAM oKAHILIPARA oGUWAHATI-o781019 4:THEoDEPUTYoCOMMISSIONER oNAGAON oP.O.oANDoDISTRICT-oNAGAON oASSAM oPIN-o782001 5:THEoADDL.oDEPUTYoCOMMISSIONERo(EDUCATION) oNAGAON oP.O.oANDoDISTRICT-oNAGAON oASSAM Page No.# 2/3 PIN- 782001 6:THE BLOCK ELEMENTARY EDUCATION OFFICER RUPAHI DISTRICT- NAGAON ASSAM PIN- 782125 7:THE SUB-INSPECTOR OF SCHOOLS RUPAHI NAGAON ASSAM PIN- 782125 8:THE PRESIDENT OF SCHOOL MANAGEMENT COMMITTEE PUTHIKHAITY M.E. SCHOOL P.O. KAOIMARI DIST.- NAGAON ASSAM PIN- 78214 Advocate for the Petitioner : MR. R C DAS Advocate for the Respondent : SC, ELEM. EDU BEFORE HONOURABLE THE CHIEF JUSTICE HONOURABLE MR. JUSTICE SUMAN SHYAM