Page No.# 1/4 GAHC010245242025 2026:GAU-AS:3378 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/6424/2025 SHAMS UDDIN BARBHUIYA S/O- LATE ABDUL KAYUM BARBHUIYA, R/O- WARD NO. 1, HAILAKANDI TOWN, P.O. VICHINGCHA, P.S. AND DIST. HAILAKANDI, ASSAM, PIN- 788152. VERSUS THE STATE OF ASSAM AND 3 ORS REPRESENTED BY THE SECRETARY TO THE GOVT. OF ASSAM, DEPARTMENT OF SCHOOL EDUCATION, DISPUR, ASSAM, GUWAHATI-6. 2:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI-19. 3:THE DISTRICT ELEMENTARY EDUCATION OFFICER HAILAKANDI DIST. HAILAKANDI ASSAM PIN- 788151. 4:THE BLOCK ELEMENTARY EDUCATION OFFICER HAILAKANDI DIST. HAILAKANDI ASSAM PIN- 788151 Advocate for the Petitioner : MR. S B LASKAR, MR. H A LASKAR,MS D DUTTA Advocate for the Respondent : SC, SEC. EDU., Page No.# 2/4 BEFORE HON’BLE MR. JUSTICE N. UNNI KRISHNAN NAIR ORDER 06/03/2026 Heard Mr. H A Laskar, learned counsel for the petitioner and Mr. P N Sarma, learned Standing counsel, Elementary Education Department appearing for the respondents. 2. The petitioner in the present proceedings has prayed for a direction upon the respondent authorities for regularization of his period of suspension, w.e.f. 21.06.2022 to 03.03.2023 and also for consideration of his case for promotion. 3. The petitioner, herein, while working as an Assistant Teacher at Sushil Paul M.V. School, came to be placed under suspension vide an order dated 21.06.2022 pending drawal of departmental proceedings. The petitioner, thereafter, was vide order dated 03.03.2023 reinstated in his services by revoking the order of suspension in compliance with the directions passed by this Court vide order dated 09.02.2023 in WP(C) No. 7459/2022. 4. It is submitted at the bar that after the reinstatement of the petitioner in his services, a departmental proceeding was instituted against him vide issuance of a show cause notice dated 13.09.2022. The petitioner submitted his written statement against the said show cause notice and the same being not satisfactory, it is contended that an Enquiry Officer and a Presenting Officer were appointed in the matter. 5. Mr. P N Sarma, learned Standing counsel, Elementary Education Department, on instructions, has submitted that the enquiry has been completed and the Enquiry Officer has submitted his enquiry report to the disciplinary authority. He submits that the disciplinary authority would take a decision in the matter after the copy of the enquiry report is forwarded to the petitioner for his comments. Page No.# 3/4 6. The regularization of the suspension of the petitioner being only permissible to be so done on conclusion of the departmental proceedings instituted against the petitioner in terms of the provisions of FR 54-B, this Court, at this stage, would not proceed to direct for regularization of the suspension period of the petitioner without the departmental proceedings instituted against the petitioner, being taken to its logical conclusion. Further, with regard to the promotion of the petitioner, the petitioner being under a cloud, after institution of a departmental proceeding against him, the case of the petitioner would have to be kept under seal cover in the event his case for such promotion is so considered. 7. In view of the above position and as agreed to by the learned counsels for the parties, the Director of Elementary Education, Assam is directed to forward a copy of the enquiry report to the petitioner within a period of 15 (fifteen) days from today. The petitioner, thereafter, shall submit his representation against the same within a further period of 7 (seven) days. 8. On receipt of the said representation of the petitioner, the Director of Elementary Education, Assam shall consider the materials coming on record in the enquiry along with the findings of the Enquiry Officer and the representation submitted by the petitioner and take a final decision with regard to the orders that would now be required to be so issued in the departmental proceeding drawn up against the petitioner. Along with the final order that would now be passed by the Director of Elementary Education, Assam, on conclusion of the departmental proceedings against the petitioner, an order be also issued regularizing the period of suspension of the petitioner. 9. It is further provided that the petitioner’s case for promotion to the post of Headmaster, if considered, shall be kept in sealed cover and be opened only in the event the petitioner stands exonerated from the charges framed against him in the departmental proceeding, so instituted in the matter. 10. The exercise now required to be instituted in the matter be instituted and concluded by the Director of Elementary Education, Assam within a period of 6 (six) weeks from the date of receipt of a certified copy of this order. Page No.# 4/4 11. With the above observations and directions, the present writ petition stands disposed of. JUDGE Comparing Assistant