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2014 Supreme(Gau) 205

UJJAL BHUYAN
Jibesh Das – Appellant
Versus
State of Assam, Director General of Police and Commandant – Respondent


Advocates Appeared:
For Appellant/Petitioner/Plaintiff:Mr. M. Biswas, Mr. S. Dutta, Mr. P. Gogoi, Advocates
For Respondents/Defendant: Mr. Nur Mohammad, G.A. Assam

JUDGMENT

Ujjal Bhuyan, J.

1. The case was heard on 28-02-2014 and today is fixed for delivery of order. Heard Mr. M. Biswas, learned Counsel for the petitioner and Mr. Nur Mohammad, learned Government Advocate, Assam.

2. Though initially the writ petition was filed challenging the legality and validity of the order dated 13-07-2009 imposing on the petitioner the penalty of stoppage of annual increment for two consecutive years without future benefit, during the course of his argument, learned Counsel for the petitioner has limited the challenge to withholding of annual increment beyond the period of two years and promotion of the petitioner to the next higher rank of Assam Battalion Inspector.

3. Case of the petitioner as highlighted in the writ petition is that he joined service as Police Constable in the year 1982. In the course of his service, he was promoted to the rank of Assam Battalion Sub-Inspector. At the relevant point of time, petitioner was posted in the 3rd Assam Police Battalion, Titabar. In addition to his normal duties, he was also entrusted with treasury duty.

4. By order dated 28-08-2006 passed by the Commandant of the said Battalion, petitioner was placed under suspen















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