WP(C) 7900/2015. Gauhati High Court

Case NumberWP(C) 7900/2015
Judgement DateApril 03, 2021
CourtGauhati High Court

I N THE GAUHATI HI GH COURT

(THE HI GH COURT OF ASSAM, NAGALAND, MI ZORAM AND ARUNACHAL PRADESH)

Writ Petition ( C) No.7900/ 2015

Sri Naba Kumar Deka Baruah

Son of Sri Jagannath Deka Baruah Resident of Station Road, Rupnagar

Post Office-Aradhal, PS & District-Dhemaji Assam

-Versus-

  1. The State of Assam represented by the Secretary

    to the Government of Assam, Personnel (A)Department Dispur, Guwahati-6.

  2. The Additional Chief Secretary to the Government of Assam Personnel (A)Department

    Dispur, Guwahati-6.

  3. The Joint Secretary, Revenue & D.M. Department Government of Assam,

    Dispur, Guwahati-6

  4. The Assam Administrative Tribunal,

    Guwahati, Assam-781001

    BEFORE

    THE HON’BLE MR. JUSTI CE NELSON SAI LO

    For the Petitioner : Mr. PJ Saikia, Mr. AK Gupta

    Advocates

    For the Respondents : Mr. AK Thakur, Advocate for

    (Respondent Nos. 1 and 2)

    Mr.A Chakraborthy,

    Govt.Advocate (Respondent No.3)

    Page 1 of 9

    ... Writ Petitioner.

    … Respondents.

    Date of Hearing :28.3.2017

    Date of Judgment : 03.04.2017

    JUDGMENT AND ORDER ( CAV)

    The facts of the case in brief is that the petitioner who was working as Circle Officer at the relevant time was asked by the Additional Deputy Commissioner, Kamrup (M) vide letter dated 3.12.2010 (Annexure-B) to fix certain boundaries pursuant to applications received from the concerned pattadars by issuing appropriate notice to those concerned. However, in connection with the said instruction, vide notification dated

    4.1.2011 (Annexure-C), the petitioner was placed under suspension with immediate effect pending drawal of departmental proceedings against him. Consequently, a show cause notice was issued to the writ petitioner on 6.3.2012 (Annexure-F) under Rule 9 of the Assam Service (Discipline and Appeals) Rules, 1964 (the Rules of 1964 for short) read with Article 311 of the Constitution of I ndia as to why any of the penalties prescribed in Rule 7 of the said Rules should not be inflicted upon him. The show cause notice contained four charges along with statements of allegation, list of documents and list of witnesses.

  5. The petitioner submitted his reply to the show cause notice on

    12.3.2012 (Annexure-G) denying the charges levelled against him. On the reply submitted by the petitioner, a parawise comments on the charges made against the writ petitioner was sought from then Additional Deputy Commissioner (Revenue) and the same was submitted by the person concerned on 22.6.2010 (Annexure-H).

    W.P( C) No.7900 of 2015 Page 2 of 9

  6. Consequently, the enquiry officer that was appointed submitted the enquiry report on 2.2.2013 (Annexure-K) whereby it was found that all the four charges were partially proved. The enquiry officer also recommended that the petitioner for his lapses be given a penalty of censure in terms of Rule-7 (i) of the Rules of 1964. Following the report, the Secretary to the Government of Assam , Personnel (A) Department (Respondent No.1) vide order dated 21.11.2014 (Annexure-L) imposed a penalty of withholding two increments upon the petitioner without cumulative effect by taking to consideration charge No.3 only.

  7. The petitioner thereafter filed an appeal before the State Government which however was not considered and therefore he approached the Assam Administrative Tribunal by filing Case No. 13/ ATA/ 2014. The learned Tribunal vide order dated...

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