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2013 Supreme(Gau) 620

TINLIANTHANG VAIPHEI
Anil Kumar Barua – Appellant
Versus
State of Assam – Respondent


Advocate Appeared
For Appellant/Petitioner/Plaintiff:Mr. D.K. Sarmah, Mr. P.S. Lahkar, Mr. P.C. Boro and Mr. K. Goswami, Advocates
For Respondents/Defendant:Ms. H.M. Phukan, Govt. Advocate

JUDGMENT

Tinlianthang Vaiphei, J.

1. In this writ petition, the petitioner is questioning the legality of the disciplinary proceedings launched against him and of the order dated 3-1-2008 issued by the Commissioner-cum-Secretary, Government of Assam, Secretariat Administration (Estt.) (respondent 2) imposing a penalty of reduction of rank in the post of Junior Administrative Assistant and other consequential orders. The facts of the case, as projected by the petitioner, may be briefly referred to at the outset. The petitioner was initially appointed as Lower Division Assistant (which is now re-designated as Junior Administrative Assistant or "JAA" for short) whereafter he was promoted to the post of Upper Divisional Assistant (now re-designated as Senior Administrative Assistant or "SAA" for short). While he was serving as SAA in the Department of Implementation of Assam Accords, Assam Secretariat, the Chief Secretary of Assam served a show cause notice bearing dated 22-7-2003 upon him along with statements of allegations charging him with entering into conspiracy, defrauding and misleading the Government by incorporating misleading notes, pasting the original one in the file and inc



















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