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2023 Supreme(Gau) 351

SUMAN SHYAM
Prabhas Chandra Sarma, S/o- Late Prafulla Sarma – Appellant
Versus
State Of Assam – Respondent


Advocates:
Advocate Appeared:
For the Appellant : MR. K N CHOUDHURY
For the Respondent: MR. D P BORAH(SC, HEALTH)

JUDGMENT :

Heard Mr. K.N. Choudhury, learned senior counsel assisted by Mr. R. M. Deka, learned counsel appearing for the writ petitioner. Also heard Mr. D. P. Borah, learned Standing Counsel, Health & Family Welfare Department, Assam appearing for the respondent Nos.1, 2 and 3. Mr. A. Hasan, learned Standing Counsel, office of the Accountant General (A & E), Assam has appeared for the respondent No.4. This writ petition is being taken up for disposal at the stage of admission hearing with the consent of both the parties.

2. By filing this writ petition, the petitioner has assailed the order dated 03.11.2021 dismissing him from service on the ground of the alleged misconduct having been established in the departmental proceeding drawn up against him. The facts of the case, as projected in the writ petition, are that the petitioner was originally appointed as a Resident Physician, TID vide order dated 09.01.1990 and posted at the Assam Medical College & Hospital, Dibrugarh, in which post, he had joined on 12.01.1990. Since then, the petitioner has been continuously rendering his service under the Health & Family Welfare Department, Government of Assam. While serving as the Professor i

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