Page No.# 1/5 GAHC010156642026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/4284/2026 UTPAL GOSWAMI S/O LT. SARAT CHANDRA GOSWAMI, JR. ASSISTANT, BLOCK ELEMENTARY EDUCATION OFFICER, KOKORA, R/O- VILLAGE- DEBANANDA SATRA, HAZARIKAPARA, SUB DISTRICT- MANGALDOI, DISTRICT- DARRANG, ASSAM, PIN-784145 VERSUS THE STATE OF ASSAM AND 5 ORS TO BE REPRESENTED BY THE SECRETARY TO THE GOVT. OF ASSAM, DEPARTMENT OF SCHOOL EDUCATION, DISPUR, GUWAHATI- 06 2:THE DIRECTOR OF ELEMENTARY EDUCATION DEPARTMENT ASSAM KAHILIPARA GUWAHATI- 19 3:THE DISTRICT ELEMENTARY EDUCATION OFFICER MANGALDOI DISTRICT- DARRANG ASSAM PIN- 4:THE BLOCK ELEMENTARY EDUCATION OFFICER DALGOAN EDUCATION BLOCK DARRANG ASSAM 5:THE DISTRICT ELEMENTARY EDUCATION OFFICER KAMRUP DISTRICT AMINGOAN GUWAHATI Page No.# 2/5 ASSAM 6:THE BLOCK ELEMENTARY EDUCATION OFFICER KORARA EDUCATION BLOCK KAMRUP DISTRICT ASSA Advocate for the Petitioner : MR. B PURKAYASTHA, MR P BHATTACHARJYA Advocate for the Respondent : SC, ELEM. EDU, BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR ORDER Date : 19.08.2026 Heard Mr. B. Purkayastha, learned counsel, appearing for the petitioner. Also heard Mr. N. J. Khataniar, learned Standing Counsel, Elementary Education Department. 2. The petitioner in the present writ petition has prayed for a direction upon the respondent authorities to regularize his period of suspension w.e.f. 22.09.2025 to 22.05.2026, along with all other consequential benefits, including authorization of financial upgradation under the MACP Scheme. 3. The petitioner, herein, basing on allegation levelled against him, of having committed misconduct while working as a Junior Assistant, in the establishment of the District Elementary Education Officer, Darrang, came to be placed under suspension vide order dated 22.09.2025. 4. A perusal of the order dated 22.09.2025, would go to reveal that the petitioner was earlier issued a show-cause notice dated 08.09.2025, Page No.# 3/5 instituting a Departmental proceeding against him. However, the petitioner had refused to accept the said show-cause notice. The suspension of the petitioner was, thereafter, revoked and the petitioner was re-instated in his services, vide order dated 22.05.2026, and the petitioner was posted to the establishment of the Block Elementary Education Officer, Karara, Kamrup District. 5. In the above background, the petitioner had instituted the present writ petition, praying for regularization for his period of suspension as well as for his re-posting to Darang District. 6. This Court vide order dated 17.08.2026, noticing the stipulation made in the order of suspension dated 22.09.2025, that the petitioner had not received the show-cause notice served upon him, had required the Standing Counsel, Elementary Education Department, to furnish a copy of the said show-cause notice. 7. Mr. N.J. Kahataniar, learned Standing Counsel, Elementary Education Department, has furnished a copy of the show-cause notice dated 08.09.2025. On a perusal of the said show-cause notice dated 08.09.2025, this Court finds that the Departmental proceeding was so instituted against the petitioner invoking the provisions of Rule 9 of the Assam Services (Discipline & Appeal) Rules, 1964. 8. A copy of the said show cause notice dated 08.09.2025, has also been furnished to the learned counsel for the petitioner. 9. In view of the fact that a Departmental proceeding has already been instituted against the petitioner, before taking the same to its logical conclusion, it would not be permissible to regularize the suspension of the petitioner. A copy of the said show-cause notice dated 08.09.2025, now Page No.# 4/5 being furnished to the learned counsel for the petitioner, the petitioner shall within 15 (fifteen) days from today, submit a show-cause reply, thereto. In the event, the petitioner does not submit a show-cause reply, thereto, it would be permissible to the respondent authorities to proceed against the petitioner in accordance with the provisions of Rules of the Assam Services (Discipline & Appeal) Rules, 1964, more particularly Rule 9, thereof. 10. With regard to the prayer of the petitioner for re-posting him to Darang District, this Court finds that the petitioner was so posted out of the District of Darang, on being re-instated in his services on revocation of the order of suspension issued against him, such posting is found to be permissible in terms of the decision of the Hon’ble Supreme Court in the case of Ajay Kumar Choudhary Vs. Union of India, reported in (2015) 7 SCC 291, more particularly paragraph-21, thereof. Accordingly, such posting being a interim arrangement made during the pendency of the Departmental proceedings instituted against the petitioner, this Court at this stage would not interfere with the same. 11. In view of the above conclusions, the period of suspension of the petitioner being not permissible to be so regularized prior to conclusions of the proceedings instituted against him, the relief as prayed for by the petitioner in the present writ petition, is found to be pre-mature. The Disciplinary Authority of the petitioner is directed to proceed with the proceedings, after the petitioner had submitted his reply in the matter, in terms of the liberty granted to him, hereinabove. The proceedings be expeditiously proceeded with and be taken to its logical conclusion strictly in accordance with law. The petitioner is also directed to co-operate with the authorities for an early conclusion of the Departmental proceedings Page No.# 5/5 instituted against him. 12. A copy of the show cause notice dated 08.09.2025, furnished by Mr. N. J. Khataniar, is kept on record and marked as ‘X’ for the purpose of identification. 13. With the above observation and directions, the present writ petition stands disposed of. JUDGE Comparing Assistant