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THE GAUHATI HIGH COURT, (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
N.UNNI KRISHNAN NAIR
Md. Khalilur Rahman S/O Lt. Showkat Ali – Appellant
Versus
State of assam and 5 ors, rep. By the principal secy. To The Govt. Of Assam, Panchayat And Rural Development – Respondent
| Table of Content |
|---|
| 1. allegations against the petitioner detailed. (Para 2 , 6 , 8) |
| 2. argument regarding lack of due process. (Para 3 , 4) |
| 3. evidence shows misappropriation of funds. (Para 10 , 12) |
| 4. court's ruling on admission of guilt. (Para 11 , 13) |
| 5. writ petition dismissed with no costs. (Para 14) |
JUDGMENT :
N. UNNI KRISHNAN NAIR, J.
1. Heard Mr. A F N U Mollah, learned counsel for the petitioner and Mr. K Konwar, learned Additional Advocate General, Assam, appearing for the State respondent.
2. The petitioner in the present proceedings has presented a challenge to an order dated 18.10.2012 issued towards imposing upon him the penalty of removal from service upon completion of a departmental proceeding instituted against him.
The petitioner, herein, was appointed as a Gaon Panchayat Secretary and while working in such capacity in Hatipukhuri Gaon Panchayat, his services as a Gaon Panchayat Secretary came to be regularized by the respondent authorities vide issuance of a Memorandum dated 10.06.2003. The petitioner was, thereafter, redeployed to Singimari Gaon Panchayat as its Secretary. While working as Secretary, Singimari Gaon Panchayat, the petitioner was placed under suspension vi
The court upheld the dismissal of a public servant for misappropriation of funds, citing the lack of violation of natural justice and the adequacy of the disciplinary proceedings.
A disciplinary authority can impose severe penalties such as removal from service when misappropriation of funds is established through admission and evidence, without violating principles of natural....
The court upheld the dismissal of a government employee for embezzlement, affirming that disciplinary authority's findings are binding unless proven perverse.
The court emphasized that it would be unjust, unfair, and oppressive to allow the findings in the departmental proceedings to stand when the case against the petitioner could not be established in a ....
A major penalty cannot be imposed without following procedural requirements, including providing an opportunity for defense, as per the Assam Services (Discipline and Appeal) Rules.
Gratuity and other pensionary benefits - petitioner could not have been held responsible for the computers not found after his date of retirement- Inquiry Officer has not given any reason to hold the....
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