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DEVASHIS BARUAH
Pabitra Pegu S/O. Babul Guti Pegu – Appellant
Versus
State Of Assam, Rep. By The Secretary – Respondent
JUDGMENT :
Heard Mr. G. Jalan, the learned counsel appearing on behalf of the petitioner and Mr. S. Dutta, the learned counsel appearing on behalf of the respondent No.1. I have also heard Mr. J. K. Goswami, the learned Additional Senior Government Advocate appearing on behalf of the respondent Nos. 2, 3 and 4 and Mr. R. Sharma, the learned counsel appearing on behalf of the respondent 5.
2. The instant matter has come up before this Court today in view of an application being filed by the respondent No.5 seeking vacation/modification/alteration of the order dated 30.06.2022. At the time of taking up the said application, it appeared that any decision on the said application would have a bearing on the merits of the case and as such the matter has been taken up for final disposal at this stage.
3. From a perusal of the writ petition, it appears that an advertisement was issued on 28.01.2022 by the Office of the Deputy Commissioner, Dhemaji District whereby applications were invited for filling up the posts of Lot Gaon Pradhan of the Lot Gaons falling under the Jonai Revenue Circle/Mouza of Dhemaji District. It was mentioned that the applicants were required to submit their application
The court established that validly appointed officials cannot be removed without due process, and that age regulations must be adhered to in public service appointments.
The court ruled that a writ of quo warranto is not maintainable if the respondent is not holding a public office at the time of filing the petition.
Removal of a Lot Gaon Bura without specific allegations in the show-cause notice violates due process under Article 311 of the Constitution.
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