Aleya Banu Laskar v. The State of Assam and 5 Ors

ORDER Date : 12.08.2024

Heard Mr. H. A. Laskar, learned counsel for the petitioner. Also heard Mr. B. Kaushik, learned standing counsel, Elementary Education Department for the respondent Nos. 1, 2, 3, 5 and 6 and Mr. B. Deuri, learned Govt. Advocate for the respondent No.2.

¶2The petitioner while serving as Assistant Teacher of 487 No. Bandukmara Grant L. P. School was placed under suspension with immediate effect by an order dated 23.03.2017, issued by the Deputy Inspector of Schools, Hailakandi. Thereafter, the petitioner was reinstated back into service and temporarily allowed to work at 120 No. Vichingcha L. P. School by an order dated

19.12.2022, issued by the Deputy Inspector of Schools, Hailakandi. Thereafter, Page No.# 3/3 departmental proceeding was initiated against the petitioner. As there was no further progress after initiation of the departmental proceeding, the petitioner is before this Court praying for a director to regularise the suspension period w.e.f

23.03.2017 to 19.12.2022 and also to release the petitioner's arrear salary w.e.f

23.03.2017 to 19.12.2022.

¶3Mr. B. Kaushik, learned standing counsel, Elementary Education Department submits that the Enquiry Officer has submitted the Enquiry Report. He also submits that the Director of Elementary Education, Assam by a Communication dated 09.08.2024, has stated that appropriate orders pursuant to the Enquiry Report submitted by the Deputy Inspector of Schools, Hailakandi would be issued at the earliest.

¶4Recording the submission made by the learned standing counsel, Elementary Education Department this writ petition is disposed of directing the Director of Elementary Education, Assam to pass appropriate orders in accordance with law pursuant to the Enquiry Report submitted by the Deputy Inspector of Schools, Hailakandi within a period of 3(three) weeks from the date of receipt of a copy of the order of this Court.

¶5With the above observations and directions, this writ petition stands disposed of. JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010213782023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/5607/2023o ALEYAoBANUoLASKARo W/O-oABDULoMALIKoMAZUMDER,o R/O-oHAILAKANDIoTOWN,oWARDoNO-1,o P.OoANDoDIST-oHAILAKANDI,oASSAM,oPIN-788151 VERSUSo THEoSTATEoOFoASSAMoANDo5oORSo REPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.o OFoASSAM,oDEPARTMENToOFoSCHOOLoEDUCATION,oDISPUR,oGHY-06. 2:THEoDIRECTORoOFoELEMENTARYoEDUCATION oASSAM oKAHILIPARA oGUWAHATI-19. 3:THEoDISTRICToELEMENTARYoEDUCATIONoOFFICER oHAILAKANDIo oP.O.oANDoP.S.-HAILAKANDI oDIST-oHAILAKANDI oASSAM oPIN-788151 4:THEoDEPUTYoCOMMISSIONER oHAILAKANDI oDIST-oHAILAKANDI oASSAM oPIN-788151 5:THEoDEPUTYoINSPECTORoOFoSCHOOLS Page No.# 2/3 HAILAKANDI DIST- HAILAKANDI ASSAM PIN-788151 6:THE BLOCK ELEMENTARY EDUCATION OFFICER HAILAKANDI DIST- HAILAKANDI ASSAM PIN-78815 Advocate for the Petitioner : MR. S B LASKAR, MS D DUTTA,MS N KALITA,MR. H A LASKAR Advocate for the Respondent : GA, ASSAM, SC, ELEM. EDU BEFORE HONOURABLE MR. JUSTICE LANUSUNGKUM JAMIR