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2025 Supreme(Online)(Gau) 8010

HIGH COURT OF GAUHATI
MR. JUSTICE KAUSHIK GOSWAMI
TAPAN KUMAR DUTTA – Appellant
Versus
THE STATE OF ASSAM AND 5 ORS. – Respondent


For the Respondent(s) :Mr. K. Khanna, learned counsel for the respondent No.2.

Date of Hearing :22.04.2025 Date of Judgment :22.04.2025 J & O UDGMENT RDER (O RAL )

Heard Mr. B.D. Konwar, learned Senior Counsel assisted by Mr. H. Agarwal, learned counsel appearing for the petitioner. Also heard Mr. K. Khanna, learned counsel appearing for the respondent No.2. None appears for the State respondent on call.

2. By way of this petition under Article 226 of the Constitution of India, the petitioner is assailing, inter-alia, the impugned provisional release order dated 15.02.2020 and the subsequent impugned letter dated 10.06.2020.

3. The brief facts of the case is that the petitioner was serving under the respondent No.2 which is an undertaking of the Government of Assam, initially as Engineer (Mechanical) and later on with effect from 16.04.2019 in the higher grade of Senior Engineer (Mechanical). However, the petitioner being occasionally absent from duty since December, 2019, he was served with a charge sheet dated 15.02.2020 on the allegation that he is habitually late and irregular in attending his duties. Thereafter, on the same date itself i.e. 15.02.2020, the petitioner submitted a

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