Page No.# 1/3 GAHC010003532025 2025:GAU-AS:183 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/77/2025 SMT. ALAKA KALITA W/O SRI APURBA KUMAR TALUKDAR, R/O VILL AND P.O.- BANGAON, DIST- BARPETA, ASSAM VERSUS THE STATE OF ASSAM AND 2 ORS. REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF ASSAM, DEPARTMENT OF SCHOOL EDUCATION, ASSAM, ASSAM SECRETARIAT, DISPUR, GUWAHATI-6 2:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI-781019 3:THE DISTRICT ELEMENTARY EDUCATION OFFICER NALBARI ASSAM Advocate for the Petitioner : MR B D DAS, MR. H R DAS,MRS R DEKA Advocate for the Respondent : SC, ELEM. EDU, Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE LANUSUNGKUM JAMIR ORDER Date : 07.01.2025 Heard Mr. B. D. Das, learned Senior Counsel assisted by Mrs. R. Deka, learned counsel for the petitioner. Also heard Mr. N. J. Khataniar, learned Standing Counsel, Elementary Education Department, Assam, for all the respondents. 2. The petitioner is presently serving as Assistant Teacher of No. 1131 Jalkhana L.P. School, in the district of Nalbari. A Show Cause Notice dated 09.12.2024 was issued to the petitioner by the Director of Elementary Education, Assam under Rule - 9 of the Assam Services (Discipline and Appeal) Rules, 1964 (Rules of 1964 in short) read with Article 311 of the Constitution of India. The Show Cause Notice further prescribes that the written statement in defense must reach the Director of Elementary Education, Assam, within 10 (ten) days. On receipt of the Show Cause Notice, the petitioner made an application on 17.12.2024 addressed to the Director of Elementary Education, Assam; District Elementary Education Officer, Nalbari; Deputy Inspector of Schools, Nalbari and the Block Elementary Education Officer, Nalbari requesting for additional 10 (ten) days time to respond to the Show Cause Notice dated 09.12.2024. However, by a Communication dated 19.12.2024, the Director of Elementary Education, Assam directed the petitioner to submit the reply to the Show Cause Notice on or before 20.12.2024, positively. The petitioner again made another application on 20.12.2024 before the Director of Elementary Education, Assam, requesting for time to submit the reply to the Show Cause Notice. However, by a Notice dated 24.12.2024 issued by the Director of Page No.# 3/3 Elementary Education, Assam the petitioner was informed that as no reply was received from the petitioner till 24.12.2024 the Departmental proceeding would go ahead without waiting for the reply from the petitioner. Accordingly, he was directed to appear before the Enquiry Officer on 08.01.2025 at 11:00 AM in connection with the Departmental Proceedings drawn up against the petitioner. 3. The petitioner being aggrieved is before this Court on the ground that the procedures laid down under Rule 9 of the Rules of 1964 has been violated, inasmuch as the petitioner has been deprived of filing a reply to the Show Cause Notice and also to inspect the records. 4. After hearing learned counsel for the parties and on considering the material available on record this writ petition is disposed of directing the authorities in the Directorate of Elementary Education, Assam to permit the petitioner to inspect the records and thereafter allow the petitioner to file reply to the Show Cause Notice dated 09.12.2024 on or before 27.01.2025. Thereafter, on receipt of the reply by the petitioner to the Show Cause Notice dated 09.12.2024 the disciplinary authority shall proceed in accordance with law as provided under the Rules of 1964. 5. Accordingly, the Notice dated 24.12.2024 is set aside and quashed. With the above observations and directions, this writ petition is disposed of. JUDGE Comparing Assistant