WP(C) 5399/2007 BEFORE HON’BLR MR JUSTICE AMITAVA ROY Heard Mr Sk. Noor Mahmmad, learned counsel for the petitioner. Also heard Mr MK Choudhury, learned Senior Standing counsel , Education department. In view of the issue involved and the relief prayed for, I propose to di spose of this petition at the motion stage. The petitioner, who at the relevant time was the Deputy Inspector of Sc hools, Nalbari, was by notification dated 24.8.2006 issued by the Secretary ,Edu cation E & S Department , Govt. Assam placed under suspension acting on the mate rials collected in course of the preliminary enquiry pertaining to alleged illeg al and irregular appointments as well as transfers in respect of Middle and LP schools of the Nalbari District. On an FIR lodged involving the petitioner a nd others, a criminal case was also registered with the Nalbari police station. A departmental proceeding in the meantime has been initiated against the peti tioner to which he has submitted his reply denying the charges. Being aggrieved by the order of suspension, the petitioner has also submitted a departmental ap peal before the Commissioner and Secretary to the Govt.of Assam(Elementary) Educ ation Department , Assam which, according to him remains unattended till date. He is scheduled to retire on 30.1 1.2007. In the above factual premise, Mr Noor Mahmmad has urged that this is a f it case where in view of the impending retirement of the petitioner and the natu re of the allegations, the order of suspension may be interfered with and a dire ction be issued for his reinstatement in service. Mr Choudhury in reply has urged that bearing in mind the gravity of th e charge and the stage of the departmental proceeding, no relief as prayed for o ught to be granted. As the departmental appeal of the petitioner against the or der of suspension is pending, the matter may be remitted to the appellate autho rity for doing the needful if necessary, within a time frame work as may be deem ed fit by this Court. Upon hearing the learned counsel for the parties and on a consideration of the pleaded facts, I am of the view that the course as suggested by the lear ned counsel for the respondents is reasonable and logical. Though the petition er is going to retire on 30.11.2007, as admittedly, a criminal case is pending on the same charge and the departmental proceeding has made some progress, I a m presently not inclined to interfere with the order of suspension. However, a s the appeal by the petitioner is pending before the aforementioned authority , it is obliged to take an appropriate decision thereon. Ordered accordingly. It is made clear that in doing so, the said authority would not stand influenc ed by the observations made hereinabove . Keeping in mind that the petitioner’s superannuation is drawing near , it is ordered that the appeal be disposed of within two weeks from the date of receipt of the certified copy of this order. The departmental proceeding should also be expedited to be completed if possible , before the petitioner’s retirement. The petition stands disposed in the above terms. No costs.