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THE GAUHATI HIGH COURT, (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (PRINCIPAL SEAT AT GUWAHATI)
DEVASHIS BARUAH
Pranjal Rajkhowa, S/o. Late Guna Kanta Rajkhowa – Appellant
Versus
State of Assam, Represented through the Legal Rememberance Cum Secretary, Judicial Department – Respondent
| Table of Content |
|---|
| 1. factual context of disciplinary proceedings during covid-19. (Para 1 , 2 , 3 , 4) |
| 2. parties' contentions regarding proportionality and bias. (Para 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14) |
| 3. application of wednesbury reasonableness to pandemic-locked absences. (Para 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29) |
| 4. perversity in findings and pre-conceived disciplinary bias. (Para 30 , 31 , 32) |
| 5. reinstatement and final orders of the court. (Para 33) |
JUDGMENT :
DEVASHIS BARUAH, J.
Heard Mr. D. K. Nath, learned counsel for the petitioner and Mr. K. Gogoi, learned Senior Government Advocate appearing on behalf of the respondent No. 1. I have also heard Mr. H. K. Das, learned Senior Counsel, assisted by Mr. N. Sarma, learned counsel for the respondent Nos. 2, 3 & 4.
2. The petitioner herein has filed the instant writ petition, being aggrieved by the Removal Order, being No. CJM/CHA/597-01/2024 dated 05.03.2024 passed by the learned Chief Judicial Magistrate, Charaideo, Sonari as well as the Order dated 19.07.2025 passed by the Appellate Authority cum District Judge, Charaideo, in an appeal against the Disciplinary Proceeding Case No. 01/2024.
C
The Court emphasized that while past conduct can influence punishment, it cannot serve as the sole basis for dismissal without it being specifically charged and substantiated.
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