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2024 Supreme(Gau) 829

ARUN DEV CHOUDHURY
JOGEN DAS S/O LATE KHATARAM DAS – Appellant
Versus
ASSAM POWER DISTRIBUTION CO. LTD. – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: P.P. Das, B.K. Das.
For the Respondent: B. Choudhury.

JUDGMENT :

ARUN DEV CHOUDHURY, J.

1. Heard Mr. BK Das learned counsel for the petitioner. Also heard Mr. B Choudhury,

2. The present writ petition is filed praying for a writ the nature of certiorari for learned standing counsel, APDCL. setting aside and quashing findings of the departmental enquiry report and order of punishment dated 18.06.2010, whereby penalty of reduction in pay by one stage with cumulative effect and recovery of an amount of Rs. 37,194/-in 9 (nine) instalments were directed. A further prayer is made for payment of salary for the petitioner with effect from and from 01.02.2008 to 13.02.2008 and from 25.02.2008 to 29.02.2008, during which period according to the petitioner, he was on leave.

3. The brief fact of the case can be summarised as follows:

    I. While the petitioner working as junior engineer, a disciplinary proceeding was initiated against him by filing a charge sheet dated 05.09.2008.

II. Three charges were levelled against the petitioner. The first charge was habitual negligence of duty/ unauthorised absence from duty for three periods i.e. from 15.02.2008 to 24.02.2008, from 05.03.2008 to 31.03.2008 and from 03.03.2008 to 11.05.2008.

III. The second charge w

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