WP(C) 2913/2010 BEFORE THE HON’BLE MR JUSTICE B.K. SHARMA Heard Mr. I. Rafique, learned counsel for the petitioner as well as Mr. U.K. Goswami, learned Standing counsel, Education Department. Although on two occasions, i.e. 21.05.2010 and 28.05.2010, Mr. Goswami, learned Standing counsel was granted time to obtain instruction, he submits that he has not been furnished with any instruction. The petitioner is aggrieved by order dated 27.10.2009 (Annexure-1) by wh ich he has been placed under suspension pending drawl of the departmental procee ding. By Annexure-2 letter dated 20.02.2010 addressed to the petitioner by the D.I. of Schools, South Salmara, Mankachar, he was directed to furnish explanatio n in respect of the points raised in the letter. For a ready reference, the lett er is quoted below: GOVERNMENT OF ASSAM OFFICE OF THE DEPUTY INSPECTOR OF SCHOOLS, SOUTH SALMARA, MANKACHAR, HATSINGIMAR I No. SSM/97/2007/2256 dated 20.02.2010 From : Shri A. Islam, AES-II Deputy Inspector of Schools, S/ Salmara, Mankachar, Hatsingimari To, Md. Hazarat Ali Ahmed, H/T 1888 No. Bochakata G.L.P. School (under suspended) Subject : Explanation call Ref: This office No. SSM/97/2007/1539-46 dtd. 27.10.2009 Sir, With reference to the above, you are hereby asked to explain of the foll owing causes/points as below within 3 (three) days from the date of receipt of t his letter other wise why Assam service Rule will not be applicable against you. 1) Your school campus was water logged and children/teacher had to walk through muddy water to reach the school. 2) There were no sign of any development activities done with infrastructure gra nt. 3) T.L.M. materials were not available in school. 4) You were absent from school w.e.f. 12.09.2009 to 16.09.2009 unauthorisedly. Yours faithfully, Deputy Inspector of Schools, South Salmara Mankachar, Hatsingimari In response to the said letter, the petitioner vide his Anenxure-3 lett er dated 24.02.2010 furnished his explanation. Thereafter by Anenxure-4 letter d ated 11.03.2010, the D.I. of schools, South Salmara, Mankachar submitted the rep ort to the District Elementary Education Officer, Dhubri. However, when nothing was done in respect of the prayer of the petitioner for revocation of his suspen sion, he filed this writ petition. Mr. U.K. Goswami, learned Standing counsel, Education Department has no instruction in this regard, but the learned counsel for the petitioner has prod uced a copy of the letter dated 20.05.2010 addressed to the District Elementary Education Officer enclosing therewith an enquiry report prepared by the Chairman cum D.I. of schools, South Salmara. In the said report, all the allegations mad e against the petitioner have been explained with the recommendation for sympath etic consideration of the case of the petitioner. In view of the above, the writ petition is disposed of directing the D.I . of Schools, South Salmara, Mankachar before whom the petitioner made represent ation dated 24.02.2010 to decide the matter in accordance with law by taking int o account all the relevant materials including the aforesaid report. Upon consid eration of the case of the petitioner, the D.I. of Schools shall pass appropriat e order as expeditiously as possible, but at any rate, not later than 30.06.2010 . Whatever may be the outcome of the examination of the case of the petitioner, same shall be communicated to him. With the above directions, the writ petition is disposed of.