w w w . L a w y e r S e r v i c e s . i n



Phatik Sonowal v/s State Of Assam Rep. By The Comm. & Secy. To The Govt. of Assam, Education (Elementary), Gauhati & Others


Company & Directors' Information:- ASSAM COMPANY INDIA LIMITED [Active] CIN = L01132AS1977PLC001685

Company & Directors' Information:- REP CORPORATION PRIVATE LIMITED [Strike Off] CIN = U26921TN2005PTC055138

Company & Directors' Information:- P. L. G. EDUCATION PRIVATE LIMITED [Active] CIN = U80300DL2007PTC171109

Company & Directors' Information:- C S EDUCATION PRIVATE LIMITED [Active] CIN = U80211DL2004PTC125711

Company & Directors' Information:- S D EDUCATION PRIVATE LIMITED [Strike Off] CIN = U80903MH2004PTC147463

Company & Directors' Information:- K-EDUCATION PRIVATE LIMITED [Active] CIN = U80301MH2014PTC256056

Company & Directors' Information:- A S C EDUCATION PRIVATE LIMITED [Under Process of Striking Off] CIN = U80904TG2015PTC099629

Company & Directors' Information:- V S INDIA EDUCATION PRIVATE LIMITED [Active] CIN = U80904UP2016PTC084320

Company & Directors' Information:- O S EDUCATION PRIVATE LIMITED [Strike Off] CIN = U74999UP2008PTC035501

Company & Directors' Information:- G D EDUCATION PRIVATE LIMITED [Strike Off] CIN = U80302DL2003PTC122716

Company & Directors' Information:- S S V EDUCATION PRIVATE LIMITED [Active] CIN = U80904DL2012PTC245724

Company & Directors' Information:- S S M EDUCATION PRIVATE LIMITED [Active] CIN = U72200HR2010PTC040713

Company & Directors' Information:- P H EDUCATION PRIVATE LIMITED [Under Process of Striking Off] CIN = U80211DL2008PTC177735

    Case No. WP(C) 8177 of 2019

    Decided On, 27 August 2020

    At, High Court of Gauhati

    By, THE HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA

    For the Petitioner: P.P. Dutta, Advocate. For the Respondent: SC, Elem. Edu.



Judgment Text


1. Heard Mr. P.P. Dutta, learned counsel for the petitioner. Also heard Ms. N. Phukan, learned standing counsel for the Elementary Education Department.

2. The petitioner who is a head teacher in No. 128 Borpather Jr. Basic School was placed under suspension by the order dated 10.06.2019 of the Deputy Inspector of Schools Dibrugarh for the reason that he was arrested by the police on the allegation of being involved in some illicit activity with some girl student of the school.

3. It is an admitted position that on being arrested by the police, the petitioner was in detention for a period of more than 48 hours. Although in the order of suspension dated 10.06.2019, it is stated that the suspension is as per Rule 6(a) of the Assam Disciplinary and Appeal Rules, 1964 (in short Rules of 1964), but we take note of that there is no such provisions as Rule 6(a) of the Rules of 1964. The Rules of 1964 provide for Rule 6(1)(a) where the Appointing Authority or any other competent authority may place a government servant under suspension where a departmental proceeding is being contemplated or is pending against such employee and for Rule 6(2) where a government servant who is detained in custody, whether on a criminal charge or otherwise, for a period exceeding 48 (forty-eight) hours shall be deemed to have been suspended with effect from the date of such detention and, which is to be formalized by an order of the Appointing Authority and shall remain under suspension until further orders.

4. As the reason for placing the petitioner under suspension is that he was arrested by the police on a criminal charge and was in detention for a period of over 48 hours, we have to understand the order of suspension dated 10.06.2019 to be an order under Rule 6(2) of Rules of 1964.

5. Mr. P.P. Dutta, learned counsel for the petitioner raises a contention that as required in the pronouncement of the Supreme Court in paragraph 21 of Ajay Choudhury vs. Union of India & anr. reported in (2015) 7 SCC 291, the order of suspension is liable to be interfered as no memorandum of charge had been submitted to the petitioner within the required period of 3(three) months.

6. The said proposition of law laid down by the Supreme Court in paragraph 21 of Ajay Choudhury (supra) would definitely be applicable when a government employee is suspended pending departmental proceeding, but in the instant case, as we have already taken note of that the petitioner was deemed to have been suspended by operation of law under Rule 6(2) of Rules of 1964 and the order dated 10.06.2019 is merely a formalized order as required under Rule 6(2). A relevant aspect to be taken note of is that in the order dated 10.06.2019, it is not provided that the petitioner was suspended pending drawal of a departmental proceeding and the specific reason stated in the order as to why he was placed under suspension is that he was arrested by the police due to involvement of certain activities with some girl student of the school.

7. The proviso to Rule 6(2) of Rules, 1964 provides that where the detention is made on account of any charge not connected with his position as a government servant or continuance in office is not likely to embarrass the government or the government servant in the discharge of his duties or in the charge does not involve in any act of moral turpitude, the appointing authority may vacate the order of suspension made or deemed to have been made when he had in the meantime released on bail.

8. Admittedly, the present writ petitioner was arrested on 01.06.2019 and he was released from detention on 02.07.2019 and the petitioner upon being released from detention, a legal right has accrued to him for a consideration by the Appointing Authority under the proviso of the Rule 6(2) of the Rules of 1964 as to whether the order of suspension is required to be vacated.

9. Accordingly, it is provided that the petitioner shall submit a representation before the Deputy Inspector of Schools Dibrugarh, who is the Appointing Authority of the petitioner, raising a contention that the detention of the petitioner was not on account of any charge not connected with his position as a government servant or his continuance in his office is not likely to embarrass the government or the petitioner in the discharge of his duties or in the charge was not involved in any act of moral turpitude.

10. Upon such representation being submitted, the Deputy Inspector of Schools, Dibrug

Please Login To View The Full Judgment!

arh shall give a hearing to the petitioner and pass a reasoned order within a period of 15(fifteen) days of submitting such representation. It is stated that presently the District Elementary Officer, Dibrugarh is also discharging the functions of a Deputy Inspector of Schools. If it is so, the requirement of this order to be done by the Deputy Inspector of Schools, Dibrugarh now be done by the District Elementary Education Officer, Dibrugarh. The writ petition stands disposed of in the above terms.
O R







Judgements of Similar Parties

01-10-2020 Ujwala Prasad & Others Versus New India Assurance Company Ltd., Rep. by Division Manager & Others High Court of Karnataka
01-10-2020 Ujwala Prasad & Others Versus New India Assurance Company Ltd., Rep. by Division Manager & Others High Court of Karnataka
30-09-2020 Subed Ali & Others Versus The State of Assam Supreme Court of India
29-09-2020 Yashwanth @ Yashavant Versus The State of Karnataka, Rep. by Addl. State Public Prosecutor, Dharwad High Court of Karnataka Circuit Bench At Dharwad
25-09-2020 Neyveli Lignite Corporation Limited, (Presently NLC India Limited), Rep. by its General Manager (Contracts) Corporate Office, Neyveli Versus M/s. TENOVA India Pvt. Ltd., Alwarpet & Others High Court of Judicature at Madras
25-09-2020 Mallappa & Another Versus The State of Karnataka, Rep. by State Public Prosecutor, Dharwad High Court of Karnataka Circuit Bench At Dharwad
24-09-2020 Yogesh Agarwal & Others Versus State of Karnataka, Rep. herein by: The Investigation Officer Cyber Crime Police Station (CID), Bengaluru & Another High Court of Karnataka
24-09-2020 Raghavan & Another Versus State of Kerala Rep. by Chief Secretary, Thiruvananthapuram & Others High Court of Kerala
23-09-2020 Rajegowda @ Guruswamy & Another Versus State of Karnataka, Rep. by its State Public Prosecutor, Bangalore & Another High Court of Karnataka
23-09-2020 Maharudragouda Versus The State of Karnataka, Rep. by Ranebennur Town Police, Dharwad High Court of Karnataka Circuit Bench At Dharwad
23-09-2020 The Director of School Education (Higher Secondary), Chennai & Others Versus A. Inpavalli & Another High Court of Judicature at Madras
23-09-2020 Tousif Versus The State of Karnataka, Rep. by Addl. State Public Prosecutor, Dharwad & Another High Court of Karnataka Circuit Bench At Dharwad
23-09-2020 Dr. Keshav Baliram Hedgewar Paryayi Versus The State of Maharashtra, through Principal Secretary, Medical Education and Drugs Department & Others In the High Court of Bombay at Nagpur
23-09-2020 Nagalakshmi (died) & Another Versus Sivaprakasam, Rep.by his Power Agent and his wife Senthamil Selvi High Court of Judicature at Madras
23-09-2020 Heer A. Rajani, Rep. by her Power of Attorney Amit M. Rajani Versus M.M. Syed Sikkander, Proprietor: M/s. Syed Bearing Centre, Chennai High Court of Judicature at Madras
22-09-2020 Ramesh Versus The State of Karnataka, Rep. by its State Public Prosecutor, Dharwad High Court of Karnataka Circuit Bench At Dharwad
21-09-2020 Shivanand Versus The State of Karnataka, Rep. by its Secretary Dept. of Revenue, Bengaluru & Others High Court of Karnataka
21-09-2020 Dr. B. Chandrashekara Versus State of Karnataka, Represented by its Principal Secretary Education Department (Collegiate Education), Bangalore & Others High Court of Karnataka
21-09-2020 Jantra Wanida & Others Versus State of Karnataka, Rep. by SPP, Bengaluru & Others High Court of Karnataka
21-09-2020 Yellappa Versus The Management of NWKRTC, Rep. by its Divisional Controller, Gadag High Court of Karnataka Circuit Bench At Dharwad
19-09-2020 National Investigation Agency Chikoti Garden, Begumpet, Hyderabad, Rep. by A.G. Kaiser Versus Vinay Talekar & Others In the High Court of Bombay at Goa
18-09-2020 B. Ramamoorthy & Another Versus The State of Tamil Nadu, Rep. by its Secretary, Legislative Assembly Secretariat, Chennai & Others High Court of Judicature at Madras
18-09-2020 Thankappan Pillai Versus State of Kerala, Rep. by The Public Prosecutor, High Court of Kerala High Court of Kerala
18-09-2020 Sagufa Ahmed & Others Versus Upper Assam Plywood Products Pvt. Ltd. & Others Supreme Court of India
18-09-2020 Dr. Battepati C. Narasimhulu Versus The Director of Medical Education High Court of Andhra Pradesh
18-09-2020 M/s. Standard Metalloys Private Limited, through its Authorised Signatory Sumit Tripathi Versus Union of India Rep. by its Secretary, Ministry of Mines & Others High Court of Andhra Pradesh
17-09-2020 Mahasamy Versus Minor Prakash, Rep. By his father & natural guardian Rajendran, Tiruppur & Another High Court of Judicature at Madras
17-09-2020 Vangamudi Kasimayan, Kurnool DT. Versus State of AP., rep PP. High Court of Andhra Pradesh
17-09-2020 Anandi Versus State, Rep. by The Public Prosecutor, High Court of Kerala, Ernakulam & Another High Court of Kerala
16-09-2020 R. Pradeep Versus State of Karnataka, Rep. by The Public Prosecutor, Bangalore High Court of Karnataka
15-09-2020 Makdum @ Makdum Shariff Versus State of Karnataka, Rep. by HCGP, Bangalore High Court of Karnataka
14-09-2020 Dr. Varghese Perayil Versus The Election Commission of India, New Delhi, Rep. by Its Secretary & Others High Court of Kerala
14-09-2020 Tamil Nadu Atomic Power Employees Union (A Government of India Enterprise), Rep.by its President, Kanchipuram Versus Nuclear Power Corporation of India Ltd., (A Government of India Enterprise), Rep.by its Senior Manager(Personal & Industrial Relations), Madras Atomic Power Station, Kanchipuram High Court of Judicature at Madras
14-09-2020 Zameer Versus State of Karnataka, Rep. by State Public Prosecutor, Bangalore High Court of Karnataka
14-09-2020 Sapna Chouhan & Another Versus State, Rep. by Public Prosecutor, Bengaluru High Court of Karnataka
14-09-2020 Tuticorin Stevedores' Association, Rep.by its Secretary, Tuticorin Versus The Government of India, Rep.by its Secretary, Ministry of Shipping, New Delhi & Others Before the Madurai Bench of Madras High Court
14-09-2020 Kuruva Muliniti Lakshmana, Kurnool DT. Versus State of AP., Rep. PP. Hyd. High Court of Andhra Pradesh
11-09-2020 Mukund Versus The State of Karnataka, Rep. by its Secretary, Bengaluru & Others High Court of Karnataka Circuit Bench At Dharwad
11-09-2020 B.S. Yediyurappa Versus State of Karnataka, Rep. by State Public Prosecutor, Dharwad & Another High Court of Karnataka Circuit Bench At Dharwad
11-09-2020 Amarendra Bhagawati Versus The State of Assam Rep. By The Comm. & Secy., Deptt. of Excise, Govt. of Assam, Dispur, Ghy.-06 & Others High Court of Gauhati
11-09-2020 Shyam Investments, Rep. by its Partner Nina Reddy & Another Versus Masti Health & Beauty Pvt. Ltd., Hyderabad High Court of Judicature at Madras
10-09-2020 A. Sudharani Versus The State of Andhra Pradesh, Rep., by its Principal Secretary, Civil Supplies Department, Velagapudi, Guntur District & Others High Court of Andhra Pradesh
10-09-2020 Raina Begum Versus The Union of India Rep. By The Comm & Secy. to The Govt. of India, Home Deptt., New Delhi-01, India & Others High Court of Gauhati
10-09-2020 Punitha Versus State by Turuvekere Police Turuvekere, Rep. by SPP, Bengaluru High Court of Karnataka
10-09-2020 K. Ravishankar Versus State of Tamil Nadu, Rep. by the Additional Chief Secretary to Government, Home, Prohibition & Excise Department, Chennai & Others Before the Madurai Bench of Madras High Court
10-09-2020 G. Chitra Poornima & Others Versus State of Karnataka, Rep. by Under Secretary Revenue Department & Others High Court of Karnataka
09-09-2020 R. Bharaneeswaran Versus The Government of Tamil Nadu, Rep. by its Secretary, School Education Department, Chennai & Others High Court of Judicature at Madras
09-09-2020 Padmavathi Hospitality and Facilities Management Service, Rep. by its Authorized Representative J. Anjananandan Versus The Tamil Nadu Medical Service Corporation, (A Government of Tamil Nadu undertaking), Chennai & Others High Court of Judicature at Madras
09-09-2020 Santosh @ Sada Mahadev Chand Rakodi Versus The State of Karnataka, Rep. by SPP, Dharwad High Court of Karnataka Circuit Bench At Dharwad
09-09-2020 Oriental College of Teacher Education, Represented by Its Manager, Calicut Versus The Regional Director, National Council for Teacher Education, New Delhi High Court of Kerala
08-09-2020 S. Jagannatha Rao Versus Air India Limited, Rep. by its Chairman and Managing Director, New Delhi & Others High Court of Judicature at Madras
08-09-2020 Jai Bharath College of Management & Engineering Technology, Rep. by Its Chairman, Ernakulam & Others Versus The State of Kerala, Rep. by Its Secretary to Government, Higher Education Department, Trivandrum & Others High Court of Kerala
08-09-2020 The State of Tamil Nadu, Rep. by the Collector of the Nilgiris, Udhagamandalam Versus Janaki High Court of Judicature at Madras
07-09-2020 The Tamil Nadu Public Service Commission Rep. by its Secretary, Chennai Versus P. Muthian High Court of Judicature at Madras
07-09-2020 Sir Venkatramanaswamy Blue Metals, Rep by its Managing Partner, M. Sivanandam & Another Versus The Assistant Commissioner, Karur & Others High Court of Judicature at Madras
04-09-2020 Y. Devadas Versus State of Telangana, Rep., by Special Chief Secretary, Education Dept., Government of Telangana & Another High Court of for the State of Telangana
04-09-2020 K. Ebnezer Versus The State of Telangana, rep by its Principal Secretary to Government, Home Department, Secretariat, Hyderabad & Others High Court of for the State of Telangana
04-09-2020 Saluvadi Sumalatha Versus The Telangana Residential Educational Institutions Recruitment Board (TREI-RB) rep., by its, Executive Officer (Convenor) & Another High Court of for the State of Telangana
04-09-2020 Alfadul Sobhi & Another Versus State of Karnataka, Rep. by its State Public Prosecutor, Bengaluru High Court of Karnataka
04-09-2020 Natarajan Versus The State of Tamil Nadu, Rep by its Secretary to Govt. Dept. of Municipal Admin & Water Supply, City V, Chennai & Others High Court of Judicature at Madras
04-09-2020 Preeti Rathod & Others Versus The State of Karnataka, Represented by the Principal Secretary Department of Higher Education (Technical Education), Bengaluru & Others High Court of Karnataka Circuit Bench OF Kalaburagi
04-09-2020 K. Ravi Versus The Government of Tamil Nadu, Rep. by its Secretary, Department of Labour & Employment, Chennai & Others High Court of Judicature at Madras
04-09-2020 Shridhar Versus The State of Karnataka, Represented by the Principal Secretary Department of Higher Education (Technical Education), Bengaluru High Court of Karnataka Circuit Bench OF Kalaburagi
03-09-2020 Yedla Babulu & Others Versus State of Telangana rep. by its Principal Secretary, Revenue Department (J.A & L.A), T.S. Secretariat Buildings, Hyderabad & Others High Court of for the State of Telangana
03-09-2020 M. Ravi & Others Versus State by Vishwanathapura P.S., Rep. by SPP, Bengaluru & Another High Court of Karnataka
03-09-2020 B. Rajesh & Another Versus Union of India, Rep. by its Ministry of Corporate Affairs, New Delhi & Others High Court of Judicature at Madras
03-09-2020 Tamil Nadu Uniformed Services Recruitment Board, Rep. by its Member Secretary, Chennai. Another Versus S. Manikandan High Court of Judicature at Madras
03-09-2020 Taba Tagar Versus The State of Arunachal Pradesh Rep. By Its Chief Secretary to the Govt. of Arunachal Pradesh Itanagar, Arunachal Pradesh & Others High Court of Gauhati
03-09-2020 Kothapalli Govinda Rajulu Versus The State of Andhra Pradesh, Rep. by its Principal Secretary, Endowment Department, Secretariat, Velagapudi & Others High Court of Andhra Pradesh
03-09-2020 F. Srilekha & Another Versus State of Karnataka, Rep. by S.P.P., Bengaluru High Court of Karnataka
03-09-2020 Meharaj @ Meharaj Begum Versus State by K.G. Halli P.S., Rep. by Government Pleader High Court of Karnataka
02-09-2020 Ayeen Uddin & Others Versus State of Assam Through The Additional Chief Secretary to the Govt. of Assam, Fishery Deptt. Dispur, Guwahati & Others High Court of Gauhati
02-09-2020 Md Raham Ali Versus The State of Assam Represented By PP Assam & Another High Court of Gauhati
02-09-2020 All India Union Bank Officer, Staff Association Rep. by its General Secretary, AIBOA, Chennai Versus Brajeshwar Sharma, The Chief General Manager(HR) Union Bank of India, Mumbai High Court of Judicature at Madras
02-09-2020 Philip Stephen Versus The State of Karnataka, Rep. by its Principal Secretary Revenue Department, Bangalore & Others High Court of Karnataka
02-09-2020 G.C. Kishor Kumar Versus Karnataka State Handicrafts Development Corporation Ltd., Rep. by its Managing Director, Bengaluru & Others High Court of Karnataka
01-09-2020 M/s. United India Insurance Co. Ltd., Rep. By its Divisional Manager, Arani Versus Raja & Others High Court of Judicature at Madras
01-09-2020 M/s Elgi Equipments Ltd., Rep.by its company Secretary, S. Raveendar, Coimbatore Versus M/s Kurichi New Town Development Authority Rep.by its Member Secretary, Kurichi, Coimbatore & Another High Court of Judicature at Madras
01-09-2020 Pavai Varam Educational Trust Established and Administering, Paavai College of Pharmacy and Research, Rep. by Chairman V. Natarajan Versus The Pharmacy Council of India, Represented by the Secretary cum Registrar, New Delhi High Court of Judicature at Madras
01-09-2020 Vazhuvoor Ravi Versus The State of TamilNadu, Rep.by the Chief Secretary, Chennai & Others High Court of Judicature at Madras
31-08-2020 The Correspondent, Sacred Heart Girls Higher Secondary School, Virudhunagar Versus The State of Tamil Nadu, Represented by its Secretary, Department of School Education, Chennai & Others Before the Madurai Bench of Madras High Court
31-08-2020 M/s. AAF India Private Limited, Rep. by its Authorised Signatory Jagruti Mursenia Versus M/s. KBR Industries, Represented by its Partner High Court of Karnataka
31-08-2020 M/s. Kaveri Associates, Rep. by its Managing Partner, Rishabchand Bhansali Versus The Assistant Commissioner of Income Tax Circle 5(1), Bangalore High Court of Karnataka
28-08-2020 M/s. Anish Orchardes Private Ltd. Rep. by its Director S. Bhavani & Others Versus The Official Liquidator, High Court, Madras as Provisional Liquidator of Maxworth Orchards (India) Ltd. Orchards (India) Ltd. Rep. by Administrator K. Alagiriswami & Others High Court of Judicature at Madras
28-08-2020 Renu Gupta Versus Ram Pal Singh, Basic Education Officer & Others High Court of Judicature at Allahabad
28-08-2020 Shifa Khairun Versus The Government of Tamil Nadu, Rep.by its Secretary to the Government, Health & Family Welfare Department, Chennai & Others High Court of Judicature at Madras
28-08-2020 Chandan @ Abcd Chandan Versus State of Karnataka, Rep. by the State Public Prosecutor, Benglauru High Court of Karnataka
28-08-2020 M/s Urban Systems Versus The Union of India Rep. By The Secretary To The Govt of India, Min of Finance, Deptt of Revenue Central Board of Indirect Taxes And Customs, North Block, New Delhi & Others High Court of Gauhati
28-08-2020 Karnataka Professional Colleges Foundation Rep. by its Secretary R.V. Govinda Rao & Others Versus State of Karnataka, Represented by its Principal Secretary & Others High Court of Karnataka
28-08-2020 Mahendra Yadav Versus State of Assam Represented By Home Secretary Government of Assam & Another High Court of Gauhati
28-08-2020 Ponnayal & Others Versus The State of Tamil Nadu, Rep.by the Additional Chief Secretary, Highways & Minor Ports Department, Chennai & Others High Court of Judicature at Madras
28-08-2020 K.V. Sayan & Another Versus The State rep. By Inspector of Police, Kotagiri Police Station, The Nilgiris & Another High Court of Judicature at Madras
28-08-2020 Mahindra Lifespace Developers Ltd., Rep.by its Authorized Signatory R. Eswaran Versus The Chairman and Managing Director, TANGEDCO, Chennai & Others High Court of Judicature at Madras
27-08-2020 Poornachandrakala Versus The State of Tamil Nadu, Rep. by its Secretary to Government, Department of Collegiate Education, Chennai & Others Before the Madurai Bench of Madras High Court
27-08-2020 M/s. Web International Cargo Ltd., Rep. by its proprietor Srinivas P. Bhat Versus M/s. Magnum Logistics Ltd., Rep. by its Director, Jayaram High Court of Karnataka
27-08-2020 Bhimsen Tyagi Versus The State of Telangana, Rep. by its Principal Secretary to Government (Poll), Home Department Secretariat, Hyderabad & Another High Court of for the State of Telangana
27-08-2020 Mohammed Anees Versus The State of Karnataka, Rep. by SPP, Bengaluru High Court of Karnataka
27-08-2020 Praveena @ Itachi Versus The State of Karnataka, Rep. by Kamakshipalya Police Station, Rep. by its State Public Prosecutor, Bangalore High Court of Karnataka
27-08-2020 Pradeep Versus State of Karnataka, Rep. by State Public Prosecutor High Court of Karnataka
27-08-2020 Pradeepa Versus The State of Karnataka, Rep. by State Public Prosecutor, Bangalore High Court of Karnataka