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2023 Supreme(Gau) 1373

SOUMITRA SAIKIA
On the Death of Sabir Ahmed, His Legal Heirs S/o. Maina Mia – Appellant
Versus
Assam University, represented by its Registrar – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. M. Dutta, Advocate
For the Respondent: Mr. SC Keyal, Standing Counsel

JUDGMENT :

This writ petition was originally filed with a petitioner put into challenge the communication dated 12.02.2018, directing the petitioner to appear before the Internal Complaints Committee of the Assam University based on a complaint lodged by a girl student as well as prayer for setting aside and quashing the order dated 06.04.2018 issued by the Registrar, Assam University imposing a penalty of compulsory retirement with effect from 06.04.2018. The further prayer in the writ petition was for setting aside and quashing the recommendations of the Internal Complaints Committee (hereinafter referred to as “ICC”) of the Assam University as well as the resolution No. EC:117:03=18:06.2 of the 117th meeting (Special) of the Executive Council of the Assam University.

2. The petitioner was employed as a Peon in the year 1995 which post was subsequently re-designated as Multitasking Staff (MTC). While he was rendering service as a Multitasking Staff which was a blemish free service career, on 08.02.2018, he was served with a notice dated 08.02.2018 issued by the Registrar, Assam University and he was asked to go on 15 days leave with immediate effect. The said notice was issued on t

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