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2025 Supreme(Gau) 1801

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


Advocates Appeared:
For the Petitioner:Farida Ahmed, Ms F Ahmed, Mr. SK Ghosh, Advocate.
For the Respondent: Mr. P Saikia, GA, Assam, Mr. HK Das, SC, GHC

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 Magistrate First Class, Nalbari, faced departmental proceeding with respect to an incident on 19.11.2019, when she handed over the hajiras to the Peon Lachit Deka to place with the respective case record.

4. The appellant was served with a charge-sheet alleging negligence in duty which led to disappearance of Court records.

5. The disciplinary proceeding was concluded and the Disciplinary Authority vide order dated 02.02.2021 imposed the punishment of withholding of 3(three) increme

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