WP(C) 3729/2009 BEFORE HON’BLE MR JUSTICE B K SHARMA The petitioners who are the employees of the Education Department are ag grieved by the individual orders dated 16.5.2009, by which they have been placed under suspension. Since the orders are more or less identical one such order (A nnexure - P/2) in WP(C) No. 3727 of 2009 is reproduced below : - GOVERNMENT OF ASSAM OFFICE OF THE DIRECTOR OF ELEMENTARY EDUCATION: ASSAM KAHILIPARA, GUWAHATI - 19. ORDER Whereas Sri Haren Bordoloi is working as UDA in the Office of the Deputy Inspector of Schools, Nazira. Whereas Sri Haren Bordoloi involved in processing of excess appointment of teachers under Lower Primary Schools in the District of Sivasagar. Whereas the enquiry officer submitted the enquiry report wherein it reve als that 1528 Nos. of excess teachers were appointed in Sivasagar District and S ri Haren Bordoloi, UDA office of the Deputy Inspector of Schools, Nazira also in volved in the process of making excess appointment being a Dealing Assistant as a result of which huge amount of money has been lost from the Govt. exchequer. The undersigned is of the opinion that there is a prima-facie evidence a gainst Sri Haren Bordoloi, UDA office of the Deputy Inspector of Schools, Nazira for placing him under suspension pending drawal of the departmental proceeding against him. Therefore, Sri Haren Bordoloi, UDA office of the Deputy Inspector of Sch ools, Nazira is hereby placed under suspension with immediate effect pending dra wal of the Departmental Proceeding against him. During the period of suspension, the incumbent will not leave station wi thout prior permission of proper authority. Further, the incumbents can neither take any employment elsewhere or undertake any profession or trade etc. He is allowed to draw the subsistence allowance during the suspension p eriod as admissible under the rules. It appears that prior to the impugned orders of suspension dated 16.5.2009, an enquiry was conducted and as per the enquiry report, the petition ers were involved in the process of making excess appointment to the post of Ass istant Teacher. The orders of suspension have been issued pending drawal of regu lar departmental proceedings against each one of the petitioners. Mr B D Konwar, learned counsel for the petitioner submits that p rolonged suspension does not serve any purpose and the purpose is best served, i f the departmental proceeding is concluded as expeditiously as possible in accor dance with law. Mr M R Pathak, learned Standing Counsel, Education Department, w hile justifying the impugned orders of suspension submits that the orders are su bject to the outcome of the disciplinary proceedings which are to be initiated a gainst the petitioners. He also submits that since the impugned orders of suspen sion are appealable as per the provisions of the Assam Services (Discipline and Appeal) Rules, 1964, the petitioners may approach the departmental appellate aut hority in this regard. Considering the matter in its entirety and as agreed to by the l earned counsel for the parties, these writ petitions are disposed of at the moti on stage itself, granting liberty to the petitioners to prefer departmental appe als in terms of the provisions of the Assam Services (Discipline and Appeal) Rul es, 1964 before the departmental appellate authority. In the event of preferring such appeals the said authority may examine the matter and other relevant facto rs to dispose of the appeals in accordance with law. It is further provided that the disciplinary authority shall con clude the disciplinary proceedings against the petitioners, as expeditiously as possible and as envisaged under the rules. This order is passed without considering the merit of the case a nd shall not be construed to be direction to revoke the order of suspension. Wha t has been emphasized is that prolonged suspension does not serve any purpose an d in all fairness, departmental proceedings shall be concluded as expeditiously as possible.