ABDUL KADER JILANI Vs. STATE OF ASSAM AND 5 ORS
LAWS(GAU)-2018-5-2
HIGH COURT OF GAUHATI
Decided on May 02,2018

Abdul Kader Jilani Appellant
VERSUS
State Of Assam And 5 Ors Respondents

JUDGEMENT

Achintya Malla Bujor Barua, J. - (1.) Heard Mr. M.U. Mandal, learned counsel for the petitioner and Mr. N. Sarma, learned Standing Counsel for the Elementary Education Department.
(2.) The petitioner, who was serving as the Headmaster of 1960 Number Uttar bahir Suwapata LP School under the Block Elementary Education Officer, Bilasipara, was placed under suspension by the order dated 04.12.2013. In the order of suspension, three reasons were stated as to why the petitioner was placed under suspension. The first reason was that he was absent from duty as the Headmaster of the school for a long period, secondly the petitioner did not provide the mid-day-meal to the students for a long period and further, there was also certain lapses in the construction of an additional class room of the school.
(3.) Apparently, the three reasons are not very specific so as to infer as to what actually the petitioner had done. Without going into the aspect on the justifiability of the order of suspension, it has also been brought to the notice of the Court that since 04.12.2013, the petitioner has been in continuous suspension i.e. for a period of almost 4 years till date. Repeated opportunities were given to the learned Standing Counsel for the respondents to produce if any memorandum of charge/charge sheet was issued against the petitioner. The said information were sought for by various orders dated 16.02.2018, 12.03.2018, 28.03.2018, 06.04.2018 and 25.04.2018, but prior to today, no such information was provided.;


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