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2017 Supreme(Gau) 682

A.K.GOSWAMI
Jugal Chandra Borah, Son of Late Upen Chandra Borah – Appellant
Versus
State of Assam, represented by the Principal Secretary, Department of Finance, Dispur – Respondent


Advocates Appeared:
For the Petitioner:Mr. U.K. Nair, Senior Advocate
For the Respondent: Mr. R. Borpujari, Standing Counsel

JUDGMENT & ORDER :

Heard Mr. U.K. Nair, learned senior counsel for the petitioner. Also heard Mr. R. Borpujari, learned standing counsel, Finance Department, appearing for all the respondents.

2. The petitioner was appointed as Assistant Audit Officer on 21.05.1994 and he was promoted to the post of Audit Officer in the year 2004. He was transferred as Audit Officer of Jorhat Circle by an order dated 28.05.2009. Subsequently, in the month of March, 2014, the petitioner was transferred as Audit Officer to Karimganj, where he is still continuing.

3. The pleaded case of the petitioner, in short, is that the petitioner, while serving in Jorhat, was afflicted with Psoriasis. Because of the aforesaid illness, the petitioner had to go on leave on many occasions for various periods. On 08.05.2014, a show cause notice under Rule 9 of the Assam Services (Discipline & Appeal) Rules, 1964 (for short, “1964 Rules”) read with Article 311 of the Constitution of India was issued requiring the petitioner to show cause as to why any of the penalties prescribed under Rule 7 of the 1964 Rules shall not be inflicted upon him on the charges and the statement of allegations indicated therein. In the said sh

















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