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1988 Supreme(Gau) 114

A.RAGHUVIR, S.N.PHUKAN
Reazuodin Ahmed – Appellant
Versus
State of Assam – Respondent


Advocates Appeared:
U.Barua, M.Das, B.K.Goswami

Phukan, J. —

The petitioner joined as a member of the Assam Civil Service Class II in the year, 1952 and thereafter he was promoted to the Assam Civil “'Service Class I in the year 1979, He retired from service on superannuation on 31.1.87. While he was in service, a departmental proceeding was drawn up on 11'.5.73. Another departmental proceeding was also drawn up on 31.5.76. Both the departmental proceedings were pending and It could not be completed though as many as four different enquiry officers were appointed. On the date of his retirement the Deputy Secre­tary to the Government of Assam in tee Personnel Department, by a letter No. AAP. 166/82/14 dated 31.1.87 informed the petitioner as follows:-

“I am directed to inform you that the Governor of Assam is pleased to order that the departmental proceeding drawn up vide notice No. RLR. 140/75/15 dated 31.5.76 be hereby converted and continued under Rule 21 of the Assam Service (Pension) Rules, 1969.”

Being aggrieved, the petitioner has approached this Court to exercise our writ jurisdiction to quash the aforesaid letter dated 31.1.87 of the Deputy Secretary. The petitioner has also submitted that the depart­mental proceeding draw

























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