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2023 Supreme(Gau) 245

DEVASHIS BARUAH
Anil Deka S/o Ratia Ram Deka – Appellant
Versus
Guwahati Municipal Corporation – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Y.S. Mannan.

JUDGMENT :

DEVASHIS BARUAH, J.

1. Heard Mr. Y.S. Mannan, the learned counsel appearing on behalf of the petitioner. Mr. P. Nayak, the learned counsel appears on behalf of the respondent Nos. 1 to 4.

2. The case of the petitioner herein is that the petitioner was initially appointed as a Majdoor in the Assessment Branch, Zoo Road in the respondent No. 1-Corporation. Thereupon the petitioner was appointed as a LD Assistant (Assessment Branch), GMC vide an order dated 26.12.1987 issued by the Commissioner, GMC. Subsequent thereto, by the order dated 20.06.2013, the petitioner was promoted as a Deputy License Officer at Dispur Zone of the Respondent-Corporation.

3. On 19.1.2015, the Commissioner, GMC vide an order had placed the petitioner under suspension pending drawal of departmental proceedings with immediate effect. At this stage, it is relevant to take note of that an FIR was filed against the petitioner before the Dispur Police Station and on the basis thereof Dispur P.S. Case No. 112/2015 was registered under Section 409 of the Indian Penal Code.

4. Subsequent to the petitioner’s suspension on 19/1/2015, a show cause notice dated 19.3.2015 was issued to the petitioner under Rule 9 o

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