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2017 Supreme(Sikk) 65

SATISH K.AGNIHOTRI
C. P. Rai, Son of Late Bhim Bahadur Rai – Appellant
Versus
State of Sikkim, Represented by and through the Chief Secretary – Respondent


Advocates Appeared:
For the Petitioner:Mr. A. Moulik, Sr. Advocate with Ms. K.D. Bhutia and Mr. Ranjit Prasad, Advocates
For the Respondent:Mr. J.B. Pradhan, Addl. Advocate General with Mr. S.K. Chettri and Ms. Pollin Rai, Asstt. Govt. Advocates

JUDGMENT :

Satish K. Agnihotri, J.

Assailing the correctness and legality of the Final Report dated 21st November 2015 holding the petitioners guilty of the charges and the consequential order dated 11th July 2016, whereby the punishment of reduction of three annual increments to the lower stage in the time scale of pay for a period of three years with cumulative effect was imposed, the instant petition is filed. The petitioners, stated to be working on regular establishment of different departments under the Government in various capacities, were served with memorandum of charge-sheet on 04th February, 2010 alleging that the petitioners have participated in a programme organized by political leaders at Rolu, South Sikkim on 21st December 2009 and as such the same was violative of provisions of Rule 3(i) (c) of the Sikkim Government Servants (Conduct) Rules, 1981 (hereinafter referred to as “the Conduct Rules”). The petitioners submitted their replies separately on 19.02.2010 (Annexure P-21), 30.03.2016 (Annexure P-22), 20.02.2010 (Annexure P-23), 08.09.2010 (Annexure P-24), 19.03.2016 (Annexure P-25), 10.03.2016 (Annexure P-26), 26.02.2010 (Annexure P-27), 18.02.2010 (Annexure P-28)

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