IMPORTANT POINT
The court's decision emphasized the limited scope of examination in matters of disciplinary proceedings, where the court plays a secondary role and examines only the decision-making process, procedural impropriety, and relevant materials. The court also highlighted the principle of 'no work no pay' and the need for evidence attributing the situation to the petitioner.

JUDGMENT :

SANJAY KUMAR MEDHI, J.

1. The principal grievance raised in this petition is with regard to an order dated 30.07.2018 by which, the petitioner has been removed from service after a disciplinary proceeding. The petitioner has also prayed for certain other reliefs, including release of service benefits and arrears of pay.

2. There is a chequered history of this case, including previous rounds of litigation.

3. The facts, as projected by the petitioner are that he was working as a Doctor under the Health Department, State of Assam. In course of his service, the petitioner was put under suspension vide an order dated 16.03.1989 followed by a disciplinary proceeding. The suspension was, however, revoked and the petitioner was reinstated in service and posted as Medical & Health Officer-I (M&HO-I) at the Bokajan CHC, Karbi Anglong in an existing vacancy. The petitioner claims to have submitted joining report on 31.07.2000, however, the charges were not handed over and no duties were allotted to him. It is submitted that the joining report was accepted by the KAAC vide order dated 11.01.2001.

4. At that stage, the petitioner had filed WP(C)/7240/2001 before this Court on the aspect of brining the disciplinary proceeding to a conclusion and on the aspect of joining in his new place of posting. The said writ petition was disposed of vide order dated 06.02.2002 with a direction to conclude the departmental proceeding by passing final orders. On the aspect of joining in service, the authorities of the KAAC were directed to pass necessary orders to enable the petitioner to perform his duties as M&HO-I at the Bokajan PHC.

5. The departmental proceeding had culminated in an order dated 20.01.2004 with a penalty of stoppage of promotion of the petitioner for 3 years and the period of suspension was treated as on duty. It is the contention of the petitioner that the salaries for the aforesaid period of suspension have not been paid and the petitioner was also not allowed to join his services. On 24.02.2006, an explanation was called for from the petitioner on the aspect of remaining unauthorisedly absent. The petitioner had thereafter submitted a representation on 01.06.2006 followed by a show cause notice dated 07.03.2012 with which, a statement of allegations was enclosed. The said notice was responded to by the petitioner on 12.02.2013 whereafter an inquiry was held. The inquiry report was forwarded to the petitioner by the disciplinary authority on 16.12.2014 soliciting his response. The petitioner, accordingly submitted his reply on 06.04.2015. The petitioner had thereafter filed another writ petition, being WP(C)/7498/2016 which was disposed of vide order dated 21.04.2017 directing for concluding the disciplinary proceeding by passing a final order. Consequently, the impugned order has been passed on 30.07.2018 whereby the penalty of removal from service under the Assam Services (Discipline and Appeal) Rules, 1964 has been imposed. It is the legality of the aforesaid order as well as for other reliefs indicated above for which this writ petition has been filed.

6. I have heard Shri B.D. Goswami, learned counsel for the petitioner and Shri D.P. Borah, learned Standing Counsel, Health & Family Welfare Department, Assam. Also heard Shri C Boruah, learned Standing Counsel, Accountant General, Assam as well as Shri R.S. Ronghang, learned Standing Counsel, Karbi Anglong Autonomous Council (KAAC).

7. Shri Goswami, learned counsel for the petitioner submitted that the earlier order of penalty dated 20.01.2004 has nothing to do with the impugned proceedings which have culminated in the order of removal from service dated 30.07.2018. Further, during the pendency of the earlier proceeding, the suspension order was revoked vide order dated 05.07.2000 whereby the petitioner was reinstated in service and posted in the Bokajan CHC. Pursuant thereto, the petitioner claims to have joined at Bokajan by submitting a Joining Report on 31.07.2000. Howeve