ABDUL WAHID Vs. STATE OF ASSAM AND 3 ORS
LAWS(GAU)-2018-12-64
HIGH COURT OF GAUHATI
Decided on December 15,2018

ABDUL WAHID Appellant
VERSUS
State Of Assam And 3 Ors Respondents

JUDGEMENT

Achintya Malla Bujor Barua, J. - (1.) Heard Mr. K. Bhuyan, learned counsel for the petitioner, Mr. SB Sarma, learned counsel for the respondent Kharupetia College as well as Mr. K. Gogoi, learned Standing Counsel for the Higher Education Department, Government of Assam.
(2.) The petitioner, who was serving as an Assistant Professor in a non-sanctioned post in the Kharupetia College, was placed under suspension as per the communication dated 29.08.2017 of the Principal of Kharupetia College. The communication of suspension provides that a letter was received from the Officer in Charge of Dhula Police Station dated 29.08.2017, which indicates that the petitioner was arrested in connection with Case No.118/2017 and he was in custody for a period of more than 48 hours. In the aforesaid premises, the order of suspension was issued.
(3.) The Court puts a specific query to the learned counsel for the Governing Body of the College as to whether any memorandum of charge/ charge-sheet had been issued and served on the petitioner as regards any proposed disciplinary action that may be taken and the answer given is that no such memorandum of charge/charge-sheet has been issued. On the other hand, Mr. Sarma learned counsel for the Governing Body relies upon a communication dated 23.03.2018 of the President of the Governing Body of the College, by which the claim of the petitioner for his salary was rejected.;


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