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1975 Supreme(SC) 197

A.C.GUPTA, R.S.SARKARIA
State Of Assam – Appellant
Versus
Akshaya Kumar Deb – Respondent


JUDGMENT

R. S. SARKARIA, J.:—This appeal is directed against the judgement of the High Court of Assam and Nagaland declaring that the termination of the services of the respondent, being violative of Art. 311 (2) of the Constitution, was illegal.

2. The Respondent, A.K.Deb, joined service as a Lower Division Assistant in the Office of the Superintendent of Veterinary Department, Assam, on 1-4-1937. He was confirmed in that post on 28-8-1937. He was promoted as Upper Division Assistant and confirmed as such on 26-8-1943. He got further promotion as Head Assistant and was confirmed in that post with effect from 20-6-1946. Thereafter on 26-4-1947, he was appointed as Personal Assistant against a newly created temporary post in higher scale. He continued to work in that post till 18-8-1949 when he was reverted to the post of Head Assistant. On 8-11-1951, the Director of Veterinary Department drew up proceedings against the Respondent on certain charges. As a result, the Respondent was reverted to the post of Upper Division Assistant on 15-12-1952. The Respondent on 21-1-1953 filed an appeal against the order of his reversion to the State Government. The appeal was dismissed on 19-2-1954











































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