Assam Head Teacher Must Be Reinstated After No Charge Memo Or Suspension Review Within 3 Months: Gauhati HC

The petitioner, a Head Teacher at 432 No. Harikuri Lower Primary School, was suspended by the Director of Elementary Education on 7 November 2025 pending disciplinary proceedings, following allegations of administrative negligence

The petitioner contended that no memorandum of charges had been served and no review extending his suspension had been conducted within three months of the suspension order

The State acknowledged that neither charges nor a review had been issued within that period, although a show-cause notice was issued on 14 October 2026

Rule 6 of the Assam Services (Discipline and Appeal) Rules, 1964 authorizes suspension in specified circumstances, including where disciplinary proceedings are contemplated or pending

Under Ajay Kumar Choudhary v. Union of India, (2015) 7 SCC 291, suspension ordinarily cannot continue beyond three months unless a memorandum of charges or charge-sheet is served within that period and a reasoned order extends the suspension; even where charges are served within three months, a reasoned extension order is required

An extension must be made while the suspension order remains in force

The suspension began on 7 November 2025, but the respondents admitted that no charge memorandum was served and no review or reasoned extension was made within three months

The later show-cause notice, issued on 14 October 2026, could not cure that failure because it was issued after the initial three-month period had expired

Applying Ajay Kumar Choudhary, the Court held that the suspension had ceased to remain in force and that the petitioner was entitled to reinstatement. That relief did not prevent the disciplinary authority from continuing the proceedings initiated by the later notice

The disciplinary proceedings could continue, and the disciplinary authority was to determine the petitioner’s entitlement to pay and allowances for the suspension period

The respondents were also permitted, following due procedure, to transfer him if considered necessary to protect the disciplinary process