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IN THE HIGH COURT OF GAUHATI, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
Ashutosh Kumar, Arun Dev Choudhury
Karabi Patowary Barman, Wife Of Sri Mrinal Barman – Appellant
Versus
State Of Assam – Respondent
| Table of Content |
|---|
| 1. representation of the parties (Para 1) |
| 2. background of disciplinary proceedings (Para 2 , 3 , 4 , 5) |
| 3. arguments regarding punishment severity (Para 6 , 7) |
| 4. judicial review limitations in disciplinary actions (Para 8 , 9) |
| 5. proportionality in punishment (Para 10 , 11) |
| 6. constitutional standards for punishment (Para 12 , 13 , 14) |
| 7. lack of intent on the part of the appellant (Para 15) |
| 8. court's decision to set aside punishment (Para 16 , 17 , 18 , 19 , 20) |
JUDGMENT :
A.D.Choudhury, J.
1. We have heard Mr. S.K. Ghosh, learned Advocate for the appellant and Mr. H.K. Das, learned Standing Counsel, Gauhati High Court for respondent Nos.2, 3 and 4, Mr. P Saikia, learned Government Advocate appears for respondent No.1.
2. By the impugned judgment dated 18.02.2025 passed by a learned Single Judge of this Court in WP(C) No.7101/2022, the punishment imposed upon the appellant of withholding of 3(three) increments with cumulative effect for the remainder of her service tenure, was not interfered with by holding that this was not in the domain of judicial review.
3. It appears that the appellant, while serving as a Bench Assistant in the Court of Munsiff No.1-cum-Judicial Magist
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