Page No.# 1/3 GAHC010211572025 2025:GAU-AS:13408 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/5575/2025 DAPENDRA NATH BRAHMA S/O- LATE DHANU RAM BRAHMA, R/O- 42, KAZIGAON PT-II, DHUBRI, KAZIGAON, ASSAM, PIN-783339. VERSUS THE STATE OF ASSAM AND 3 ORS REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF ASSAM, DEPARTMENT OF SCHOOL EDUCATION, DISPUR, GUWAHATI-6. 2:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI-19. 3:THE DISTRICT ELEMENTARY EDUCATION OFFICER DHUBRI. 4:BLOCK ELEMENTARY EDUCATION OFFICER GOLAKGANJ Advocate for the Petitioner : MR. S K DAS, MR A I TALUKDAR Advocate for the Respondent : SC, ELEM. EDU, BEFORE HONOURABLE MR. JUSTICE NELSON SAILO ORDER Date : 26.09.2025 Heard Mr. S. K. Das, learned counsel for the petitioner and Mr. P. K. Bora, learned Standing Counsel, Elementary Education Department. [2.] This matter was listed on 22.09.2025, on which date, the learned Standing Page No.# 2/3 Counsel, Elementary Education Department was asked to obtain instructions. Today, Mr. P. K. Bora, learned Standing Counsel, Elementary Education Department submits that he has not yet received the instructions till date. Having regard to the grievance projected by the petitioner, the writ petition is taken up for disposal at this stage. [3.] It is the case of the petitioner that he is working as Senior Assistant in the Office of the Block Elementary Education Officer, Golakganj in the district of Dhubri and on account of his arrest on 02.04.2024 in connection with ACB PS Case No 34/2024 dated 02.04.2024 registered under Section 120B IPC read with section 7(a) of the Prevention of Corruption Act, 1988, the petitioner was placed under suspension vide order dated 10.04.2024 from the date of his arrest. It is the case of the petitioner that despite having been released on bail by this Court vide order dated 09.05.2024, passed in Bail Application No.1174/2024 and the same having been communicated to the Director of Elementary Education, Assam through the District Elementary Education Officer, Dhubri on 27.08.2024 and which was forwarded by the District Elementary Education Officer on 28.08.2024, the suspension of the petitioner has neither been reviewed nor revoked. Hence, in view of the settled position in law in terms of the Apex Court decision in Ajay Kumar Choudhury Vs. Union of India and Anr. 2015 7 SCC 291, the petitioner should be reinstated into service. [4.] As already stated hereinabove, although instructions have been sought for but the same has not been received by the learned Standing Counsel and it is the specific case of the petitioner that his suspension has not been revoked till date. Under the circumstance, the respondents are directed to reinstate the petitioner back into service if the petitioner has not been reinstated or his suspension period reviewed till date without prejudice to their right to draw Page No.# 3/3 appropriate departmental proceedings. Further, If the suspension of the petitioner has not been reviewed, it has to be understood that the suspension order dated 10.04.2024 is set aside. [5.] With the above observations and directions, the writ petition stands disposed of. JUDGE Comparing Assistant