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2021 Supreme(Gau) 635

N.KOTISWAR SINGH
Manoj Kumar Kalita – Appellant
Versus
State of Assam – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. K. Sarma
For the Respondent: Mr. H.K. Das and Mr. D. Nath

JUDGMENT :

1. Heard Mr. K. Sarma, learned counsel for the petitioner and also heard Mr. H.K. Das, learned standing counsel for the Gauhati High Court and Mr. D. Nath, learned Govt, advocate for the State.

2. The present petition has been filed by the petitioner, who was serving as a Senior Judicial Assistant in this court, being aggrieved by the order of dismissal from the High Court Service, on conclusion of the departmental proceeding initiated against him wherein an adverse finding was given against him, which was acted upon by the Disciplinary Authority for dismissing him from service.

3. For better appreciation of the issues involved in this writ petition, the relevant facts as can be gleaned from the pleadings may be stated as follows.

4. The petitioner entered service of the Gauhati High Court having been appointed as a Lower Division Assistant/Junior Administrative Assistant on compassionate ground vide order dated 28.9.2000, after the death of his father who was also serving in this High Court. Subsequently, the petitioner was promoted to the higher post of Senior Administrative Assistant vide order dated 30.7.2007.

5. It appears that sometime in the month of October 2012, the

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