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2004 Supreme(Gau) 220

BIPLAB KUMAR SHARMA
Bimalendu Bhagabati – Appellant
Versus
Assam Govt. Const. Corporation Limited – Respondent


Advocates:
Advocate Appeared:
For Appellant/Petitioner/Plaintiff: A. Sarma and A.K. Sarma, Advs.
For Respondents/Defendant: P. Borthakur and R. Mahanta, Advs.

JUDGMENT

B.K. Sharma, J.

1. By this writ application, the petitioner who was placed under suspension pending drawl of departmental proceeding way back in 1990 has invoked the writ jurisdiction of this court assailing the legality and validity of the two departmental proceedings initiated against him.

2. Shortly stated the facts leading to the filing of the writ petition are that the petitioner while was serving as senior Assistant under the respondent corporation was placed under suspension by an order dated 25.9.1990 pending drawl of departmental proceeding. This was followed by issuance of a charge sheet dated 23.5.1991 bringing altogether three charges against the petitioner. Meanwhile a criminal proceeding was launched against the petitioner on the same set of charges. The petitioner approached this court by filing a writ petition registered and numbered as Civil Rule No. 3304/1991 making two fold prayers viz. to say that departmental proceeding till completion of the criminal proceeding and to quash the order of suspension dated 25.9.1990. This court by its judgment and order dated 6.5.1995 allowed the first prayer but the second prayer for revocation of the order of suspension w




























































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