Back
IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
N.UNNI KRISHNAN NAIR
Md. Khalilur Rahman S/o Late Showkat Ali – Appellant
Versus
State of Assam – Respondent
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 vide an order dated 11.12.2007. The said suspension of the petitioner was so ordered in pursuance to an enquiry report submitted by the Block Development Officer, Rupahi Development Block, wherein, it was alleged that the petitioner, herein, had misappropriated huge amount of Government money, meant fo
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 public servant for misappropriation of funds, citing the lack of violation of natural justice and the adequacy of the disciplinary proceedings.
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....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
