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2015 Supreme(Gau) 196

TINLIANTHANG VAIPHEI
Khagendra Nath Das – Appellant
Versus
State of Assam – Respondent


Advocate Appeared:
For Appellant/Petitioner/Plaintiff:I. Choudhury and M.K. Khatoniar, Advocates
For Respondents/Defendant: U.K. Goswami, SC

JUDGMENT

Tinlianthang Vaiphei, J.

1. Both the writ petitions, being inter-connected, were heard together and are now being disposed of by this common judgment. As a matter of fact, the WP(C) No. 3972 of 2011 is the offshoot of WP(C) No. 3968 of 2011.

2. To start with, the petitioner belonged to the Assam Education Service, had used to serve as Inspector of Schools, HDC, Hailakandi from 1996 to1998 and then as Deputy Director (Secondary) Education from 14-11-2003. While he was serving in that capacity, he received the show cause dated 18-8-2006 charging him with transferring and posting permanently twelve teaching/non-teaching staff of venture schools without following the extant rules and procedure. He replied to the show cause by denying all the allegations made against him. Apparently, not satisfied with his explanation, he was placed under suspension vide the notification dated 22-9-2005. According to the petitioner, the findings recorded in the suspension are ex facie stigmatic and betrayed the pre-conceived mind of the disciplinary authority. This was followed by another show cause notice dated 9-11-2005, which revealed that out of the allegations pertaining the twelve employees



















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