Page No.# 1/6 GAHC010098652023 2025:GAU-AS:14387 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2800/2023 MD. ZAKIR HUSSAIN S/O MD. NAUSAD ALI R/O- VILLAGE AND P.O - TITKURI, P.S- RANGIA, DISTRICT- KAMRUP(R), ASSAM , PIN - 781354 VERSUS THE STATE OF ASSAM AND 3 ORS. REPRESENTED BY COMMISSIONER AND SECRETARY, SECONDARY EDUCATION DEPARTMENT, GOVT. OF ASSAM, DISPUR, GUWAHATI-06 2:THE DIRECTOR OF SECONDARY EDUCATION DEPARTMENT ASSAM KAHILIPARA GUWAHATI- 19 3:THE INSPECTOR OF SCHOOL KDC AMINGAON GUWAHATI DISTRICT- KAMRUP(R) ASSAM PIN - 782031. 4:THE HEADMASTER MADHUKUCHI HIGH SCHOOL MADHUKUCHI RANGIA DISTRICT- KAMRUP(R) ASSAM PIM - 78135 Page No.# 2/6 Advocate for the Petitioner : MR. P MAHANTA, MR. H ALI,MR H R A CHOUDHURY,MS. P SAHARIA Advocate for the Respondent : SC, SEC. EDU., BEFORE HONOURABLE MR. JUSTICE NELSON SAILO ORDER Date : 28.10.2025 Heard Mr. H. R. A. Choudhury, learned Senior Counsel assisted by Mr. H. Ali, learned counsel for the petitioner and Ms. P. Das, learned Standing Counsel, Secondary Education Department for the respondent Nos. 1, 2 and 3. [2.] None appears for the Headmaster despite service of notice. [3.] Having regard to the nature of grievance projected by the petitioner, the writ petition is taken up for disposal at this stage. This is the fourth time, the petitioner is before this Court, the first writ petition being WP(C)/7143/2016 was filed by the petitioner with a grievance that he have been kept under prolonged suspension without any review. This Court by referring to the Apex Court decision rendered in Ajay Kumar Choudhury Vs. Union of India and Ors. reported in 2015 7 SCC 291 disposed of the writ petition by setting aside the order dated 20.04.2015 by which the petitioner was placed under suspension. It was however observed that the respondent authorities would be at liberty to proceed against the petitioner in accordance with law. The petitioner was reinstated vide order dated 06.06.2018. The petitioner then submitted various representations for regularization of his suspension period i.e., w.e.f 20.04.2015 to 06.06.2018 and for payment of his arrear salary as per the existing scale of Page No.# 3/6 pay. Since his representations were not considered and disposed of, the petitioner initiated his second writ petition i.e., WP(C)/2788/2019, which was then disposed of vide order dated 25.11.2019 by directing the respondent authorities to conclude the disciplinary proceedings if they wish to hold the same against the petitioner within a period of 2(two) months failing which it would be deemed that they are not keen to proceed against him. It was further directed that the period of suspension of the petitioner should be regularized and be treated as on duty and all consequential benefits including salary be given to him by treating the said period to be a regular service after deducting the subsistence allowance, if already paid. [4.] Pursuant thereto, the respondent authorities concerned issued a Show Cause Notice dated Nil November, 2019 to the petitioner by incorporating three charges. The said Show Cause Notice presumably was received by the petitioner on 26.11.2019 which can be seen from his reply to the Show Cause Notice dated 04.12.2019. In his reply, he denied all the three charges levelled against him. After the petitioner submitted the aforesaid reply and since no further steps were taken, the petitioner on 24.04.2021 submitted his application for regularization of his suspension period and also for grant of arrear salary including payment of monthly salary as per the existing scale of pay to the Inspector of Schools, Kamrup District, Circle, Amingaon. Since no action was taken, the petitioner filed his third writ petition i.e., WP(C)/4467/2021 which however was withdrawn on 12.12.2022 with liberty to file afresh. Subsequently, the petitioner filed the instant writ petition on 18.05.2023 seeking regularization of his suspension period w.e.f. 20.04.2016 to 06.06.2018 and to pay consequential benefits including arrear salary w.e.f 20.04.2015 as per the old pay scale till 31.03.2016 and thereafter w.e.f 01.04.2016 as per the Revision of Page No.# 4/6 Pay Rules 2017. [5.] Mr. H. R. A. Choudhury, learned Senior Counsel appearing for the petitioner submits that the departmental proceeding drawn against the petitioner has not yet concluded till date and the period of his suspension has also not been regularized. Further, enhanced scale of pay as per the ROP 2017 has also not been given to the petitioner. Referring to the order dated 25.11.2019 passed in WP(C)/2788/2019 the learned Senior Counsel submits that Court had clearly directed that the suspension period of the petitioner should be regularized and should be treated as on duty and all consequential benefits including salary should be given to him by treating the said period as regular service after deducting subsistence allowance already given to him. He submits that the said order has attained a finality as the respondents have not questioned the same by filing appropriate process. Therefore, they are duty bound to comply with the same and for which, necessary direction may be passed by this Court to the respondents. [6.] Ms. P. Das, learned Standing Counsel, Secondary Education Department on the other hand submits that the petitioner was unauthorisedly absent from 13.04.2015 to 19.04.2015 despite having been appointed as an Examiner of the HSLC Examination (Arabics) at Rangia Higher Secondary School. The Inspector of Schools on making a visit to the place on 19.04.2015 found the petitioner to be unauthorisedly absent and suspended him on 20.04.2015. She submits that although the petitioner was issued Show Cause Notices in the year 2015, 2016, 2019 and 2023 but he refused to accept the same. He was also summoned for personal hearing on 03.06.2023 at 01:00 PM to appear before the Inspector of Schools, Kamrup District Circle, but again the petitioner failed to appear. Such being the position, the respondent authorities are not in a position to complete Page No.# 5/6 the proceedings for want or corporation from the petitioner. [7.] Considering the above projection, it only appears that although the petitioner is serving as Arabic Teacher in his School and a disciplinary proceeding drawn against him but the same remains unconcluded. It may be seen that the suspension order dated 20.04.2015 was set aside by this Court vide order dated 05.06.2017 passed in WP(C)/7143/2016. Further, this Court vide order dated 25.11.2019 had also directed regularization of the suspension period by treating the same as on duty with consequential benefits including salary vide order dated 25.11.2019 passed in WP(C)/2788/2019. No materials have been brought before this Court to show that the said two directions have been interfered with by a larger bench or the same has been recalled at any point of time. Such being the case, it would not be open for the respondent authorities to not implement the same. In other words, the period of suspension of the petitioner should be regularized and be treated as on duty for all purposes. The petitioner should also be given his salary for the aforesaid period after deducting whatever amount has been given to him towards subsistence allowance. Further, the respondents would also have to give the petitioner his entitled salary as per the Revised Rules. [8.] The above exercise be completed within a period of 3(three) months from the date of receipt of a certified copy of this order and pending finalization of the proceeding which was subsequently initiated vide the Show Cause Notice dated NIL, November, 2019 (Annexure 10) which was responded to by the petitioner by filing a reply to the Show Cause Notice on 04.12.2019 (Annexure 11). The subsequent proceeding will be determined on its own merit. [9.] Since it has been alleged that the petitioner has failed to corporate with the proceeding drawn against him this Court deems it proper to direct the Page No.# 6/6 petitioner to appear before the Inspector of Schools, Kamrup District Circle, Amingaon, Guwahati (respondent No.3) on 10th of November, 2025 along with a certified copy of the order. On his appearance, the said authority shall proceed with the matter in accordance with law and bring the same into its logical conclusion as expeditiously as possible and at any rate within a period of 3(three) months from the date of appearance of the petitioner. [10.] With the above observations and directions, the writ petition stands disposed of. JUDGE Comparing Assistant