Gauhati High Court
Azharul Islam vs The State Of Assam And 3 Ors on 10 March, 2023
Author: Manash Ranjan Pathak
Bench: Manash Ranjan Pathak
Page No.# 1/3
GAHC010049802023
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/1321/2023
AZHARUL ISLAM
S/O- LATE MOMTAZ ALI AHMED,
VILL- PORAVITA BAZAR,
P.O- JAMADARHAT,
DIST- DHUBRI, ASSAM
VERSUS
THE STATE OF ASSAM AND 3 ORS
THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM,
EDUCATION DEPARTMENT (ELEMENTARY)
DISPUR, GHY-6.
2:THE COMMISSIONER AND SECRETARYX
TO THE GOVT. OF ASSAM
FINANCE DEPARTMENT
DISPUR
GHY-6.
3:THE AXOM SARBA SIKSHA ABHIJAN MISSION
ASSAM
TO BE REP. BY THE MISSION DIRECTOR
KAHILIPARA
GUWAHATI-19
4:THE DISTRICT MISSION-COORDINATOR
SSA
DHUBRI
ASSAM
TO BE REP. BY THE DISTRICT MISSION COORDINATO
Advocate for the Petitioner : MR. A R BHUYAN
Advocate for the Respondent : SC, ELEM. EDU
Page No.# 2/3
BEFORE
HON'BLE MR. JUSTICE MANASH RANJAN PATHAK
ORDER
10-03-2023 Heard Mr. A. R. Bhuyan, learned counsel for the petitioner and Mr. P. Bora, learned Standing Counsel, Department of School Education for the respondent No. 1. Also heard Mr. P. Nayak, learned Standing Counsel, Finance Department for the respondent No.2 as well as Mr. B. Choudhury, learned Standing Counsel, SSA, Assam for the respondent Nos. 3 and 4.
Petitioner is serving as a District Programme Officer (ST), Dhubri under the SSA, Assam on contractual basis.
While he was serving as a District Programme Officer (ST), Dhubri, on the basis of an FIR lodged by one Education Volunteer in Anti Corruption Bureau (ACB) P.S. Case No.33/2022, he was arrested on 27.08.2022 under Section 7 (a) of the Prevention of Corruption Act, 1988 in a trap case and later he was released on bail by learned Special Court on 21.09.2022 with certain conditions.
The respondent SSA on 16.09.2022 issued show-cause notice to the petitioner to which he filed his reply on 23.09.2022.
Though he is still under suspension, but the respondent authorities in the SSA are yet to provide him with subsistence allowance during his suspension period.
Hence, this writ petition by the petitioner praying amongst others to set aside the show-cause notice dated 16.09.2022 and to allow him to join and continue as a District Programme Officer (ST) at Dhubri.
Page No.# 3/3 From the Annexures appended in the present writ petition preferred by the petitioner, it is seen that the respondent SSA by communication dated 06.10.2022 directed the petitioner to appear before the authorities of the SSA, Assam on 11.10.2022 for hearing.
Considering the above, list this matter on 21.03.2023 enabling he respondent SSA, Assam to apprise the Court about the present status of the hearing of the petitioner pertaining to his arrest in connection with ACB P.S. Case No.33/2022 as well as the show-cause notice dated 16.09.2022 issued to him by the respondent SSA, Assam.
On the said date, the respondent SSA shall also apprise the Court as to whether the petitioner has been paid any subsistence allowance during his suspension period or not as per his entitlement.
JUDGE Comparing Assistant