Page No.# 1/4 GAHC010080042025 2025:GAU-AS:6599 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2126/2025 DIDARUL ISLAM S/O LT HABIBUL RAHMAN R/O VILL BARSAPURI PO GOROIMARI PS BHELUGURI DIST MORIGAON ASSAM VERSUS THE STATE OF ASSAM AND ORS REPRESENTED BY CHIEF SECRETARY TO THE GOVT OF ASSAM DISPUR 781006 GUWAHATI 2:DIRECTOR ELEMENTARY EDUCATION ASSAM KAHILIPARA ASSAM GUWAHATI 19 3:THE SECRETARY TO THE GOVT OF ASSAM DEPARTMENT OF SCHOOL EDUCATIONB DISPUR GUWAHATI 6 4:DISTRICT ELEMENTARY EDUCATION OFFICER MORIGAON 5:BLOCK ELEMENTARY EDUCATION OFFICER MORIGAON ASSAM 6:SALEHA KHATUN HINDI TEACHER IN CHARGE HEAD MASTER OF HATIMURA COLONY ME SCHOOL Advocate for the Petitioner : MR. U P CHALIHA, MR. D P CHALIHA,MS M ROY Advocate for the Respondent : SC, ELEM. EDU, GA, ASSAM Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE LANUSUNGKUM JAMIR ORDER Date : 26.05.2025 Heard Mr. D. P. Chaliha, learned Senior Counsel assisted by Ms. M. Roy, learned counsel for the petitioner. Also heard Mr. B. Deuri, learned Government Advocate, appears for the respondent No. 1 and Mr. B. Koushik, learned Standing Counsel, Elementary Education Department, appears for the respondent Nos. 2 to 5. 2. The petitioner while serving as In-charge Principal of Hatimuria M. V. School under the Block Elementary Education Officer, Laharighat, Morigaon was arrested on 23.08.2022 in connection with Director of V&AC, Assam vide ACB PS Case No. 30/2022 under Section 7 (a) of PC Act, 1988. Thereafter, the Director of Elementary Education, Assam by an Order dated 21st September, 2022 placed the petitioner under suspension with immediate effect from the date of arrest i.e. 23.08.2022 under the provision of Assam Services Discipline and Appeal Rule, 1964 pending drawal of Departmental Proceedings against the petitioner. 3. A show cause notice was also issued to the petitioner on 16.12.2022 to which the petitioner replied on 28.12.2022. Thereafter, by an Order dated 14th February, 2025 issued by the Director of Elementary Education, Assam and pending finalization of the Departmental Proceedings, the petitioner was reinstated back in his original post with immediate effect. Page No.# 3/4 4. The grievance of the petitioner before this Court is that the petitioner is not being allowed to hold the post of In-charge Headmaster of the said Hatimuria M. V. School despite the Order dated 14.02.2025 issued by the Director of Elementary Education, Assam. 5. Learned Senior Counsel for the petitioner has also drawn attention of this Court to the Communication dated 27.02.2025 written by the Block Elementary Education Officer, Laharighat, Morigaon and addressed to the District Elementary Education Officer, Morigaon, wherein it is stated that the present In- charge Headmaster, namely Saleha Khatun is refusing to hand over the charge of In-charge Headmaster to the petitioner. 6. Considering the Communication dated 27.02.2025 written by the Block Elementary Education Officer, Laharighat, Morigaon, as well as the Order dated 14.02.2025 issued by the Director of Elementary Education, Assam, the petitioner should be allowed to hold his original post, particularly, when the Order dated 14.02.2025, clearly mentions that the petitioner is reinstated in his original post with immediate effect. 7. Accordingly, this writ petition is disposed of directing the District Elementary Education Officer, Morigaon to take steps forthwith to reinstate the petitioner in his original post in terms of the Order dated 14.02.2025 issued by the Director of Elementary Education, Assam. Let such steps be taken and completed within a period of 1 (one) week from the date of receipt of a certified true copy of this Court’s Order. Page No.# 4/4 8. With the above observations and directions, this writ petition is disposed of. JUDGE Comparing Assistant