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KAUSHIK GOSWAMI
Amarendra Sarma, S/o Late Kamini Kt. Sarma – Appellant
Versus
State Of Assam – Respondent
JUDGMENT :
1. Heard Mr. J. Patowary, learned counsel for the petitioner. Also heard Mr. R. Borpujari, learned Standing Counsel, Finance Department for the respondent nos.1, 2 & 3 and Mr. R.S. Ronghang, learned counsel for the respondent no.4. No one appears for the respondent no.5.
2. By way of this petition under Article 226 of the Constitution of India, the petitioner is assailing the impugned order dated 19.07.2023, whereby the Appointing Authority has been pleased to dismiss the petitioner from service.
3. The facts of the case is that the petitioner was appointed as an Assistant Science Teacher at Gandhinagar M.E. School, Guwahati and after rendering 2 (two) years of service in the said post, the petitioner was appointed as Assistant Audit Officer in the office of the Director of Audit (Local Fund), Guwahati on 19.05.1994, whereafter the petitioner joined the said post and started discharging his duties. Thereafter the petitioner was promoted as Audit Officer on 16.09.2005 and posted at Biswanath Chariali under the office of the Assistant Director of Audit, Tezpur and later on, he was promoted as Finance & Accounts Officer (FAO) in the month of January, 2013 and was posted in the
The disciplinary authority must provide reasons for disagreeing with an Inquiry Officer's findings to uphold natural justice.
The principles of natural justice require that a delinquent employee be given a copy of the preliminary enquiry report before the disciplinary authority arrives at its conclusions with regard to the ....
Disciplinary authorities must follow the established procedure of law and judicial pronouncements in disciplinary proceedings.
The disciplinary authority must provide reasons for disagreement with the inquiry report, record its own findings on the charges, and provide the government servant with an opportunity to file a writ....
Disciplinary Authorities must allow representation to the delinquent officer before making adverse decisions, particularly when criminal charges are identical and resulted in discharge.
The principles of natural justice require that a disciplinary authority must provide reasons for differing from an inquiry officer's findings and allow the employee an opportunity to respond before i....
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