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2017 Supreme(Gau) 1076

NELSON SAILO
Ranjeet Kumar Das – Appellant
Versus
State of Assam – Respondent


Advocates Appeared:
For the Petitioners:Mr. U.K. Nair, Sr. Advocate
For the Respondents: Mr. M.R. Adhikari, GA, Ms. R. Deka, SC PWD

JUDGMENT AND ORDER :

Heard Mr. U.K. Nair, the learned Senior Counsel appearing for the writ petitioners. Also heard Mr. M.R. Adhikari, the learned Government Advocate appearing for the learned respondent No. 1 and Ms. R. Deka, the learned Standing Counsel, Public Works Department (PWD) appearing for the respondent Nos. 2 and 3.

2. These writ petitions involved a common question and therefore, they are taken up together for final disposal. Brief facts may be noticed at the very outset. The writ petitioners are Assistant Engineers (AE), Assistant Executive Engineers (AEE), Executive Engineers (EE) under the State PWD. In case of the petitioner in WP(C) No. 4755/2012, he is an Additional Chief Engineer (Additional CE).

3. By these writ petitions, the petitioners have assailed Notifications which are all dated 16.08.2012 issued to them individually and imposing upon them the penalty of Censure with withholding of 1 (one) increment without cumulative effect except for the petitioner in WP(C) No. 4755/2012 in whose case is with cumulative effect.

4. The aforesaid penalty has been assailed by the petitioners on ground amongst others that the decision to impose the penalty upon them was based












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