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2023 Supreme(Gau) 1440

ARUN DEV CHOUDHURY
Mintu Konwar S/o Late Billeswar Konwar – Appellant
Versus
State of Assam – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: P.K. Munir.
For the Respondents: D. Gogoi, P. Nayak.

JUDGMENT :

ARUN DEV CHOUDHURY, J.

1. Heard Mr. P.K. Munir, learned counsel for the petitioner. Also heard Mr. D. Gogoi, learned standing counsel for the Forest Department and Mr. P. Nayak, learned counsel for the respondent No. 2.

2. While the petitioner was working as a Constable of Assam Forest Protection Force (in short AFPF), by an order dated 25.07.2011 passed by Principal Chief Conservator of Forest, Assam, the petitioner was discharged from service. Subsequently, the Commandant of AFPF, Basistha discharged the petitioner from service with effect from 31.07.2011 on the basis of the order dated 25.07.2011.

3. Being aggrieved by the aforesaid two orders, the petitioner preferred an appeal under Section 9 of the Assam Forest Protection Force Act, 1946. Same was also dismissed by the Appellate Authority.

4. Being aggrieved, the petitioner preferred a writ petition before this court registered as WP (C) 476/2012. This court under its order dated 25.08.2017 set aside the orders impugned dated 25.07.2011 and 05.12.2011 and further directed the disciplinary authorities to consider the matter afresh from the stage of consideration of enquiry report dated 07.08.2010 and to pass necessary or

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