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2024 Supreme(Gau) 856

N. UNNI KRISHNAN NAIR
Prasanta Konwar – Appellant
Versus
State of Assam, Represented by the Chief Secretary to the Government of Assam, Dispur – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. K.N. Choudhury.

JUDGMENT :

N. Unni Krishnan Nair, J.

Heard Mr. J. Patowary, learned counsel for the petitioner. Also heard Mr. C.K.S. Baruah, learned Government Advocate; and Mr. P. Nayak, learned standing counsel, Finance Department, appearing on behalf of their respective respondents.

2. The petitioner, in the present proceeding, has assailed the regular inquiry being Regular Enquiry No. 42(9)2016, as instituted against him by the Directorate of Vigilance and Anti-Corruption, Assam. The petitioner has further raised a grievance with regard to the action on the part of the respondent authorities in not promoting him to the cadre of Junior Grade-I of the Assam Finance Service in terms of his selection for such promotion by the constituted Selection Board in its meeting held on 03.03.2023, on the ground of pendency of the said vigilance enquiry i.e. Regular Enquiry No. 42(9)2016, against him.

3. The petitioner, herein, was initially recruited as a Finance and Accounts Officer(FAO) in the Assam Finance Service on 04.06.2007. The post, the petitioner was recruited to, fell within the Junior Grade-III of the said service. The petitioner was thereafter promoted to the cadre of Junior Grade-II of the servic

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