Page No.# 1/4 GAHC010138632024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/3550/2024 SHAMS UDDIN BARBHUIYA S/O- LATE ABDUL KAYUM BARBHUIYA, RESIDENT OF WORD NO. 1, HAILAKANDI TOWN, P.O. VICHINGCHA, P.S. HAILAKANDI, DIST.- HAILAKANDI, ASSAM, PIN- 788152 VERSUS THE STATE OF ASSAM AND 3 ORS REPRESENTED BY THE SECRETARY TO GOVT. OF ASSAM, DEPARTMENT OF SCHOOL EDUCATION, DISPUR, ASSAM, GUWAHATI-6 2:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI-19 3:THE DISTRICT ELEMENTARY EDUCATION OFFICER HAILAKANDI DIST.- HAILAKANDI ASSAM PIN- 788151 4:THE BLOCK ELEMENTARY EDUCATION OFFICER HAILAKANDI DIST.- HAILAKANDI ASSAM PIN- 78815 Advocate for the Petitioner : MR. S B LASKAR, A. H. AHMED,MS D DUTTA,MR. H A LASKAR Advocate for the Respondent : SC, ELEM. EDU, Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA ORDER 19.03.2025 1. Heard Mr. S.B. Laskar, learned counsel for the petitioner and Mr. G. Pegu, learned counsel for all the respondents. 2. The petitioner’s case is that he is an Assistant Teacher in the Bakrihawar MV School under Hailakandi Education Block and was temporarily posted to Sushil Paul MV School, vide order dated 27.09.2023. The petitioner was placed under suspension, vide order dated 21.06.2022 pending drawal of departmental proceeding. However, vide order dated 03.03.2023, the petitioner has been reinstated into his original place of posting, which is in compliance with the order dated 09.02.2023 passed in WP(C) 7459/2022. 3. The petitioner has, by way of this writ petition, prayed for setting aside the impugned order dated 03.03.2023, inasmuch as, the District Elementary Education Officer, Hailakandi has been requested to take necessary steps for drawal of departmental proceeding against the petitioner and submit the findings of the departmental proceeding to the Director of Elementary Education (DEE), Assam. 4. There is nothing in the writ petition to show as who has appointed the petitioner and as to how the order dated 03.03.2023 has caused prejudice to Page No.# 3/4 the petitioner. As such, the petitioner has not been able to show as to how he is an aggrieved person in pursuance to the order dated 03.03.2023. 5. Mr. G. Pegu, learned counsel for the Elementary Education Department has on the other hand, submitted a Notice dated 18.03.2025 issued by the Joint Director, Elementary Education, Assam, which is addressed to the Block Elementary Education Officer, Hailakandi and the petitioner, informing them that a Hearing is scheduled on 25.03.2025 in the office of the Joint Director, Elementary Education, Assam, regarding drawal of departmental proceeding in respect of the petitioner. The petitioner was accordingly requested to attend the said Hearing on 25.03.2025 at 11 a.m., with all relevant records and documents for verification. 6. On considering all the above facts, this Court does not find that any prejudice has been caused to the petitioner. Further, there is nothing in the writ petition to show that any Show-Cause Notice has been issued to the petitioner with regard to the departmental proceeding to be initiated against the petitioner. As such, until and unless a Show-Cause Notice is issued to the petitioner and the petitioner is given a chance to make a representation against the same, this Court fails to understand as to how the impugned order dated 03.03.2023 can cause any prejudice to the petitioner at this stage. 7. In view of the reasons stated above, this Court is of the view that no case for setting aside the impugned order dated 03.03.2023 is made out. Page No.# 4/4 8. The writ petition is accordingly dismissed. 9. However, in the event a departmental proceeding is initiated against the petitioner and the result of the departmental proceeding goes against the petitioner, the petitioner has the liberty to make a challenge to the same as per law. JUDGE Comparing Assistant