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2024 Supreme(Gau) 205

MANISH CHOUDHURY
Bhupendra Nath Deka, S/o. Late Chittra Mohan Deka – Appellant
Versus
State of Assam, Represented by the Commissioner and Secretary, Judicial Department, Government of Assam, Dispur – Respondent


Advocates Appeared:
For the Petitioners: Mr. K. Sarma.
For the Respondents: Mr. B.J. Talukdar, Senior Counsel, Mr. P.K. Medhi, Mr. H.K. Das, Standing Counsel, Mr. N.K. Sharma.

JUDGMENT :

The writ petitioner seeking to invoke the extra-ordinary and discretionary jurisdiction of this Court under Article 226 of the Constitution of India, has preferred the instant writ petition assailing an Order under Memo no. CJM/BAR/2017/598[A] dated 16.03.2017 passed by the learned Chief Judicial Magistrate, Barpeta as the Appointing Authority-cum-Disciplinary Authority in a discipline proceeding, D.P. no. 1/2013. By the impugned Order dated 16.03.2017, the Appointing Authority-cum-Disciplinary Authority had imposed a penalty of stoppage of three increments without cumulative effect under Rule 7[ii] of the Assam Services [Discipline and Appeal] Rules, 1964 upon the petitioner as the delinquent.

2. The sequence of events which have led the petitioner to prefer the present writ petition can be exposited, in brief, as follows :-

2.1. The petitioner was initially appointed as a Lower Division Assistant [LDA] in the establishment of the learned Chief Judicial Magistrate, Barpeta [the respondent no. 3] on 01.02.1982. Thereafter, the petitioner was transferred to the establishment of the learned Sub-Divisional Judicial Magistrate, Bajali, Pathsala on 01.03.1996 and at the time of

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