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2013 Supreme(Gau) 487

UJJAL BHUYAN
Baikuntha Chetia – Appellant
Versus
State of Assam – Respondent


Advocate Appeared:
For Appellant/Petitioner/Plaintiff:Mr. G. Uzir and Ms. R. Baruah, Advocates
For Respondents/Defendant: Mr. J. Handique, G.A., Assam

JUDGMENT

Ujjal Bhuyan, J.

1. Heard Mr. G. Uzir, learned counsel for the petitioner and Mr. J. Handique, learned Government Advocate, Assam, who has also produced the record. Also heard Mr. C. Baruah, learned Standing counsel, Accountant General. Challenge made in this writ petition is to the suspension order dated 29.12.2001 and show-cause notice dated 29.11.2002. Further prayer made is for quashing of the disciplinary proceeding initiated against the petitioner.

2. Case of the petitioner is that while he was serving as Block Development Officer (BDO) in the Tingkhong Development Block in Dibrugarh district, he was placed under suspension on 29.12.2001, 3 (three) days prior to his retirement. The allegation against the petitioner was of mis-appropriation of Government money. Petitioner thereafter superannuated from service on 31.12.2001.

3. A departmental proceeding was drawn up against the petitioner by serving upon him a show-cause notice dated 29.11.2002 under Rule 21 of the Assam Services (Pension) Rules, 1969 containing as many as 10 (ten) charges against the petitioner. Petitioner thereafter submitted his reply. It appears that the reply of the petitioner was not found to be sati


























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