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2014 Supreme(Gau) 281

B.K.SHARMA
RAJESH PRASAD GUPTA – Appellant
Versus
STATE OF ASSAM – Respondent


Advocates appeared:
For the Petitioner:Mr. P.K. Goswami, Senior Advocate, Mr. M. Bhuyan, Advocate, Mr. J. Deka, Advocate, Mr. T.K. Bhuyan, Advocate
For the Respondents:Mr. B.J. Talukdar, GA, Assam, Mr. M.K. Choudhury, Senior Advocate, Mr. M. Khan, Advocate, Mr. A.M. Buzarbaruah, Advocate, Mr. P.K. Talukdar, Advocate, Mr. J. Rahman, Advocate

ORDER


1. The petitioner is aggrieved by his removal as the Chairman of Lakhipur Town Committee, Goalpara as per the provisions of Section 28 of the Assam Municipal Act, 1956. Such removal vide Annexure-22 notification dated 03/1/2013 of the Government of Assam in the Urban Development (T) Department under the signature of the Additional Chief Secretary was preceded by the Annexure-20 show cause notice dated 06/09/2013. For a ready reference, the show cause notice and the order of removal, both impugned in the writ petition are reproduced below:-

“GOVERNMENT OF ASSAM

URBAN DEVELOPMENT DEPARTMENT

DISPUR : GUWAHATI-6


No. UDD(T)210/2012/66

Dated Dispur the 6th September, 2013


From : Sri S.K. Das,

Under Secretary to the Govt. of Assam, Urban Development Department.


To : The Chairman,

Lakhipur Town Committee,

Goalpara, Assam – 783129.


Sub : Show cause under the provision of sub-section (3) of section 28 of the Assam Municipal Act, 1956.


Ref : Enquiry in connection with Anomalies in Lakhipur Town Committee.


Sir,

With reference to above, you are given an opportunity to explain as to why action shall not be initiated against you under sub-section (3) of Section 28 of Assam Municipal Act, 1





























































































































































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