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1997 Supreme(Gau) 40

D.N.CHOWDHURY, V.DUTTA GYANI
Dibrugarh University, Dibrugarh – Appellant
Versus
Bhabananda Barman – Respondent


Advocates Appeared:
A.K.Barua, S.N.Bhuyan, R.Phukan, R.K.Saikia, R.Gogoi, N.C.Phukan, C.K.Sharma Barua, D.C.Sharma

V. Dutta Gyani, C.J. (Acting)—

This writ appeal is directed against judgment and order dated 15.2,95 passed by a learned Single Judge of this Court in Civil Rule No.3080 of 1993, thereby quashing the dismissal order dated 1.4.89 (Annexure XII to the writ petition) passed against the writ petitioner/respondent by the appellant.

University.

2. Few basic facts may now be noted. The writ petitioner/respondent at the material time was serving as a Store Keeper of the stores in Planning and Construction Branch under the University Engineer (respondent No.4 in the Civil Rule). By order dated 2.4.85 he was put under suspension, which was followed by serving the charge sheet on 18.7.85. The nature of charges against the writ petitioner/respondent were misappropriation and criminal breach of trust. The petitioner/respondent submitted his explanation in writing on 9.8.85 denying the allegations. An Enquiry Officer was appointed to conduct the enquiry and on completion thereof the writ petitioner/respondent was dismissed from service by order dated 1.4.89, which was the subject matter of challenge in the writ petition. The learned Single Judge, as already noted above, allowed the writ petition qu















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