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2025 DAILYLAW 17605 (GAU)

DR PORASH KUMAR BHAGAWATI v. THE STATE OF ASSAM AND ORS

WP(C)/4591/2025 · 2025-08-12

Nelson Sailo

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010179852025 2025:GAU-AS:10812 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/4591/2025 DR PORASH KUMAR BHAGAWATI S/O- LATE RAM CHANDRA BHAGAWATI, R/O- VILL AND P.O- RUDRASAGAR, P.S AND DIST- SIVASAGAR, ASSAM, PIN-785665 VERSUS THE STATE OF ASSAM AND ORS REP BY SECRETARY TO THE GOVT. OF ASSAM, DEPARTMENT OF SCHOOL EDUCATION , DISPUR, GUWAHATI-06 2:THE UNDER SECRETARY TO THE GOVT. OF ASSAM DEPARTMENT OF SCHOOL EDUCATION DISPUR GUWAHATI-06 3:THE DIRECTOR OFF SCERT ASSAM KAHILIPARA GUWAHATI-1 Advocate for the Petitioner : MR. J HATIMURIA, H BORUAH,MR. N M DAS,MR. M KALITA Advocate for the Respondent : SC, SCERT, ASSAM, SC, EDU Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE NELSON SAILO ORDER Date : 13-08-2025 Heard Mr. M Kalita, learned counsel for the petitioner, who submits that being aggrieved with the order dated 17.07.2025 (Annexure-2) in so far as the fixation of headquarter during suspension period is concerned, the petitioner is before this Court. The learned counsel referring to Rule 2.7.2 of the Manual on Departmental Proceedings submits that ordinarily the place of stationing of the employee kept under suspension would be the place where he is last posted. The learned counsel submits that the petitioner was last posted in Lakhimpur and the respondent authority ought to have stationed him in that place only. [2.] It is seen that the petitioner has submitted a representation before the Secretary to the Government of Assam, Department of School Education on 25.07.2025 and thereafter a reminder on 01.08.2025. Such being the position, this Court considers that the said representation be considered by the respondent authority on its own merit. [3.] Accordingly, the writ petition is disposed of by directing the respondent authority concerned, i.e. Secretary to the Government of Assam, Department of School Education (respondent No. 1) to consider and dispose of the petitioner’s representation by way of a reasoned and speaking order within a period of 3 Page No.# 3/3 (three) weeks from the date of receipt of a certified copy of this order. JUDGE Comparing Assistant