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2023 Supreme(Gau) 1087

SUMAN SHYAM
Mrigen Haloi, S/o. Shri Lakshmi Haloi – Appellant
Versus
State of Assam, Rep. by the Additional Chief Secretary to the Government of Assam, Agriculture Department – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. K.N. Choudhury.

JUDGMENT :

Heard Mr. K.N. Choudhury, learned Sr. counsel assisted by Mr. J. Patowary, learned counsel for the writ petitioner. Also heard Mr. Nalin Kohli, learned Addl. Advocate General, Assam appearing for the respondents.

2. By filing this writ petition, the petitioner has challenged the order dated 31-12-2021 issued by the respondent authority discharging him from service. The writ petitioner has also called into question the legality and validity of the impugned order dated 31-12-2021 on the ground that the order is stigmatic and punitive in nature. Notwithstanding the same the order of discharge has been issued without following the due procedure prescribed under Article 311(2) of the Constitution of India or giving him an opportunity of being heard in the matter.

3. The facts of the case, in a nutshell, are that the petitioner herein had obtained his degree, i.e. B.Sc. (Agriculture) from the Assam Agriculture University, Jorhat. Having obtained his degree, the petitioner was looking for suitable employment. On 05-04-2013, the Assam Public Service Commission (APSC) had issued an advertisement notice inviting applications for filing up as many as 80 posts of Agricultural Developme

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