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2021 Supreme(Gau) 601

SUDHANSHU DHULIA, SOUMITRA SAIKIA
Brijesh Kumar Rai S/o Sri Jagannath Prasad Rai – Appellant
Versus
Indian Institute of Technology, Guwahati – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. K.N. Chowdhury, Senior Advocate
For the Respondent: Mr. A.B. Dey Standing Counsel, IIT

JUDGMENT :

Sudhanshu Dhulia, J.

Heard Mr. K.N. Chowdhury, learned senior counsel for the appellant. Also heard Mr. A.B. Dey, learned Standing Counsel, IIT for the respondents.

2. This is a writ appeal filed by the appellant/writ petitioner challenging the order dated 01.11.2019 passed by the learned Single Judge in WP(C) No. 7478/2019.

3. The material facts for our consideration are that the appellant/writ petitioner before this Court is an Assistant Professor in the Indian Institute of Technology Guwahati (for short hereinafter referred to as “IIT”), Guwahati, who is presently facing a disciplinary proceeding. The reason for him to approach this Court by means of the writ petition was that he had questioned the authority of the Director of the IIT for initiating the disciplinary proceedings. His case was that only the appointing authority, which admittedly in his case was the Board of Governors of the Institute, was authorized to initiate the disciplinary proceedings against him and since the admitted position is that the disciplinary proceedings have been initiated by an authority which is subordinate to the Board of Governors, which in this case is the Director of the Institute, it

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