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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
N.UNNI KRISHNAN NAIR
Diganta Boruah @ Diganta Baruah S/o Late Haresh Baruah – Appellant
Versus
State of Assam – Respondent
JUDGMENT :
N. UNNI KRISHNAN NAIR, J.
1. Heard Mr. P Bordoloi, learned counsel for the petitioner. Also heard Mr. J Handique, learned Standing counsel, Revenue and Disaster Management Department, appearing for the respondent Nos. 1, 2 & 3 and Mr. C K S Baruah, learned Government Advocate, appearing for the respondent Nos. 4, 5 & 6.
2. The petitioner in the present writ petition has presented a challenge to an order dated 10.01.2024, along with an order dated 05.07.2024, issued by the Disciplinary Authority, imposing the penalty of dismissal from service upon the petitioner. The petitioner has also presented a challenge to an order dated 25.08.2024, passed by the Appellate Authority in the appeal, preferred by the petitioner against the order, affirming the penalty of dismissal from service as imposed by the Disciplinary Authority.
3. The petitioner, herein, while working as a Land Record Assistant in the Office of the Circle Officer, Nazira Revenue Circle, an FIR came to be lodged against him, before the Superintendent of Police, Vigilance & Anti-Corruption, on 14.06.2023, alleging demand of bribe from the complainant.
On receipt of the said FIR, the same was registered as ACB P.S. Case
The disciplinary authority must provide reasons for disagreeing with an Inquiry Officer's findings to uphold natural justice.
Disciplinary proceedings quashed for defective charge memo without imputations, documents, witnesses; no departmental evidence or witnesses; perfunctory enquiry report lacking independent reasons and....
Disciplinary authorities must follow the established procedure of law and judicial pronouncements in disciplinary proceedings.
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.
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