WP(C) 6765/2010 BEFORE THE HON’BLE MR. JUSTICE B. P. KATAKEY Heard Mr. J. Ahmed, the learned counsel for the petitioner and Mr. M.R. Pathak, the learned Standing Counsel appearing for respondents No.1 to 4. The petitioner by the present petition has challenged the order dated 1. 12.2010 passed by the District Elementary Education Officer, Kamrup, placing him under suspension, on the ground that the School in which the petitioner has bee n working is a venture School and the District Elementary Education Officer has no authority to place the petitioner under suspension. Mr. Pathak, learned Standing Counsel, Education Department has fairly su bmitted that the District Elementary Education Officer has no power and authorit y to place the petitioner under suspension, the School being a venture School. I t has also been submitted that under the provisions of Assam Non-Government Educ ational Institutions (Regulation and Management) Act, 2006, the power to take di sciplinary action and placing the petitioner under suspension vests on the Schoo l Authority with or without the approval of the Managing Committee of the School . It is not in dispute that the petitioner’s School is a venture school. E ven under the provisions of 2006 Act, the power of taking disciplinary action ag ainst the petitioner based on the Managing Committee. The School Authority, howe ver, under Section 15 of the said Act can place the petitioner under suspension without the prior approval of the Managing Committee, if it is satisfied that su ch immediate suspension is necessary by reasons of his gross misconduct. 2006 Ac t also does not require taking any approval of such disciplinary action or suspe nsion from any of the respondent authority including the DEEO. In the instant case, as noticed above, the District Elementary Education Officer has placed the petitioner under suspension, which power has not been ve sted on him. That being the poison, the impugned order dated 1.12.2010 is set aside. It would, however, not preclude the School authority to take appropriate action against the petitioner, if so advised. The writ petition is accordingly allowed to the extent indicated above. No costs.