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2017 Supreme(Gau) 1477

ACHINTYA MALLA BUJOR BARUA
Jyoti Prasad Sarma – Appellant
Versus
State of Assam – Respondent


Advocates Appeared:
For The Appellant : Mr. A. Sarma
For the Co-operation Department : Dr. B. Ahmed

JUDGMENT :

ACHINTYA MALLA BUJOR BARUA, J.

Heard Mr. A. Sarma, learned counsel for the petitioner. Also heard Dr. B. Ahmed, learned standing counsel for the Cooperation Department.

2. In this writ petition, the petitioner has assailed a resolution adopted by the Executive Committee of the Dakhin Kampur Samabai Samiti Ltd. on 16.06.2016 by which, the petitioner, who was the Secretary of the society has been placed under suspension.

3. Dr. Ahmed, learned standing counsel for the Cooperation Department has raised a preliminary objection that the writ petition is not maintainable, inasmuch as, there is no employer/employee relation between the petitioner and the state respondent authorities.

4. In this writ petition, learned counsel relies upon a decision of this Court rendered in Risheswar Neog v. State of Assam, reported in 1993 (1) GLR 184.

5. In paragraph 12 of the aforesaid judgment, it has been stated as under:—

“12.In view of the above discussions, the appointment of the petitioner as a Secretary in the Office of the society and his removal from service shall be governed by Rules 33(2) and 35 of the Rules read with bye-law 27. Under bye-law 27, appointment and removal of an employee of





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