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2025 Supreme(Gau) 1061

THE GAUHATI HIGH COURT, (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
VIJAY BISHNOI, CJ., KARDAK ETE
Numaligarh Refinery Ltd. – Appellant
Versus
Pankaj Boro, S/o. Sri Mahendra Nath Boro – Respondent


Advocates Appeared:
For the Petitioners: Mr. M. Gogoi, Mr. U. Hazarika, Mr. N. Deka, Mr. S. Baishya.
For the Respondents: Mr. A. Sandilya, G. Goswami, Ms B. Choudhury, for Caveator, Mr. P. Mahanta appearing for Diganta Haloi.

JUDGMENT :

[Kardak Ete, J.]

Heard Mr. U. Hazarika, learned Senior Counsel assisted by Mr. N. Deka, learned counsel for the appellants. Also heard Mr. I. Chowdhury, learned Senior Counsel assisted by Mr. P. Mahanta, learned counsel for the respondent in WA No.283/2024 and Ms. G. Goswami, learned counsel for the respondent in WA No.284/2024.

2. These 2 (two) writ appeals are directed against the common judgment and order dated 15.07.2024, passed by the learned Single Judge in WP(C) No.7682/2016 and WP(C) No.6151/2016, wherein the learned Single Judge has allowed the writ petitions by holding that the enquiry proceedings, conducted against the petitioners was completely dehors the law in respect of Section 65A and Section 65B of the EVIDENCE ACT , 1872 and the law laid down by the Apex Court as well as to the procedure prescribed under the Rules, thereby set aside the findings arrived at by the Inquiry Officer as well as the Disciplinary Authority and directed for reinstatement of the petitioners in the service with all service benefits accruable from the date they were held to be removed from service with 50% of their back wages/salary.

3. The facts of the case are that consequent to t

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