WA 64/2014. Gauhati High Court
| Case Number | WA 64/2014 |
| Judgement Date | March 28, 2017 |
| Court | Gauhati High Court |
THE GAUHATI HI GH COURT
(THE HI GH COURT OF ASSAM, NAGALAND, MI ZORAM AND ARUNACHAL PRADESH)
WRI T APPEAL NO.64 OF 2014
APPELLANT :
Dr.Manash Das,
Son of Shri Manish Kanti Das,
Ward No.1, Settlement Road,
Karimganj Town, Presently the Chairman, Karimganj Municipal Board, Karimganj
RESPONDENTS :
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The State of Assam, represented by the Commissioner and Secretary to the Government of Assam, Municipal Administration Department, (Now Urban Development Department), Dispur, Guwahati-6.
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The Director,Municipal Administration Department, (Now Urban Development Department) Dispur, Guwahati-781 006
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The Commissioner, Barak Valley Division, Dispur, Guwahati-6
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The Deputy Commissioner, Karimganj
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Shri Sujit Purkayastha,
Son of Late Dinesh Chandra Purkayastha, Ward No.5, Old Mission Road,
Karimganj Town
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Shri Sanjib Dey,
Son of Shri Jyanendra Kumar Dey Ward No.17, Main Road,
Karimganj Town
BEFORE
HON’BLE THE CHI EF JUSTI CE MR. AJI T SI NGH HON’BLE MR. JUSTI CE MANOJI T BHUYAN
For the appellant : Mr.MK Choudhury, learned Senior counsel assisted by Mr. N Baruah, learned counsel
For the respondents : None appeared for the respondents. Date of hearing & judgment: 28.03.2017
JUDGMENT AND ORDER
( Aj it Sin gh , C.J.)
This intra- court appeal has been preferred against the Judgment and order dated 2.12.2013 passed by the learned Single Judge partly allowing the WP(C) No. 4670/ 2011.
Page 1 of 3
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The appellant-Dr.Manash Das (Respondent no.6 in the writ petition) was the Chairman of Karimganj Municipal Board and serious allegations of financial anomalies were levelled against him, while he was holding that charge. The Deputy Commissioner, Karimganj directed the Additional Deputy Commissioner, Karimganj to conduct an inquiry for the said charges and the latter submitted his report on
25.07.2011 disclosing irregularities in dealing with the funds of that Board. The said report was forwarded by the Deputy Commissioner, Karimganj to the Secretary, Municipal Administration Department, Government of Assam, vide letter dated 26.7.2011. Pursuant to the said report, the appellant was served with a notice under section 28(3) of the Assam Municipal Act, 1956 (in short ‘Act’) on 19.8.2011 and he also submitted a reply thereto on 6.9.2011 denying the charges and disputing the veracity of the report submitted by the Deputy Commissioner, Karimganj. Thereafter, Director of Municipal Administration was asked to submit an inquiry report and he submitted a report. On...
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