JUDGMENT

Manash Ranjan Pathak, J. - Heard K. N. Choudhury, learned Senior counsel assisted by Mr. N. Barman, learned counsel for the petitioner and Mr. D. Saikia, learned Senior counsel and Senior Standing counsel for the Health and Family Welfare Department assisted by Mr. D. P. Borah, learned Standing counsel, Health and Family Welfare Department for the State respondent Nos. 1 to 3.

2. Petitioner, namely, Dr. A. K. Adhyapok, Professor, Department of Oral and Maxillofacial Surgery of Regional Dental College, Guwahati was promoted to the post of Principal of the said College vide Notification dated 16.05.2013. While serving in the said capacity, by Notification dated 05.01.2018 (Annexure-II) the petitioner was placed under suspension. On 11.04.2018 the authorities in the Health and Family Welfare Department of the State under the provisions of the Rule 9 of the Assam Service (Discipline and Appeal) Rules, 1964 read with Article 311 of the Constitution of India issued show cause notice to the petitioner along with the statement of charges/allegation, list of documents and witnesses asking him as to why penalties prescribed in Rule 7 of said 1964 Rules should not be inflicted upon hi