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2004 Supreme(Gau) 155

BIPLAB KUMAR SHARMA
Babulal Das – Appellant
Versus
State of Assam – Respondent


Advocates Appeared:
For Appellant/Petitioner/Plaintiff: A.B. Choudhury, J. Abedin and B. Dutta, Advs.
For Respondents/Defendant: H.K. Mahanta, Adv.

JUDGMENT

B.K. Sharma, J.

1. By this writ petition, the petitioner has made a challenge to the order dated 26.10.98 passed by the Chief Judicial Magistrate, Tinsukia removing him from service. Shortly stated the facts leading to the filing of the instant writ petition are as follows:

2. The petitioner at the relevant point of time was serving as UD Assistant in the officer of the Chief Judicial Magistrate, Tinsukia. He was served with a show cause notice dated 16.11.92 under Rule 9 of the Assam Services (Discipline & Appeal) Rules, 1964 read with Article 311 of the Constitution of India asking him to show cause as to why any of the penalties specified in Rule 7 of the said Rules should not be imposed on him. Altogether 6 charges were levelled against him which are as follows :

(1) That while you were serving as Bench Asstt. to the Chief Judicial Magistrate, Tinsukia from 29.5.91 till 31.8.92, you had kept concealed 237 Nos. of MV cases, 77 Nos. of C.R. cases Under Section 34 Police Act and 17 Nos. cases under the MBL Act., 4 Nos. of cases under AMW Act, 2 Nos. under P L Act and one case under C L Act, 4 Nos. of Forest cases and 41 Nos. of cases under the Assam Weights & Measures Act wit





















































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