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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
N.UNNI KRISHNAN NAIR
Tarun Gogoi S/o Sunil Kumar Gogoi – Appellant
Versus
State of Assam – Respondent
| Table of Content |
|---|
| 1. introduction and procedural history of the writ petition. (Para 1 , 2) |
| 2. factual narrative concerning arrest and dismissal from service. (Para 3 , 7 , 8) |
| 3. parties' contentions regarding article 311(2) and inquiry dispensation. (Para 4 , 5) |
| 4. assessment of the impugned order and relevant judicial precedent. (Para 6 , 9 , 10 , 13) |
| 5. defining the mandatory requirement to record specific reasons for dispensing inquiry. (Para 11 , 12) |
| 6. final orders, reinstatement, and directions for future proceedings. (Para 14 , 15 , 16 , 17) |
JUDGMENT :
N. UNNI KRISHNAN NAIR, J.
1. Heard Mr. M Khan, learned counsel for the petitioner. Also heard Mr. P Nayak, learned Additional Advocate General, Assam and Ms. M Bhattacharjee, learned Additional Senior Government Advocate appearing for the respondents.
2. The petitioner by way of instituting the present writ petition has assailed an order dated 14.10.2024, issued by the Superintendent of Police, Bongaigaon, Assam, towards imposing the penalty of dismissal from service upon the petitioner, by invoking the provisions of Clause-(b) of the Second Proviso to Article 311(2) of the Constitution of India, read with Rule 10(ii) of the Assam Servi
Dismissal without a proper inquiry under Article 311 (2) (b) deemed arbitrary and illegal, requiring substantial justification beyond mere allegations.
Dismissal from service matter - Rule 23 of Rules of 1991 clearly indicate that provisions of Revision are not mandatory in nature and are clearly at discretion of Officer whose appeal has been reject....
(1) Dismissal from service without conducting departmental inquiry – It is duty of disciplinary authority to record satisfaction how and in what manner holding an enquiry is not reasonably practicabl....
Dismissal of a civil servant without proper inquiry violates constitutional safeguards and is arbitrary; procedural requirements must be strictly followed.
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