AI Overview...
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Violation of Rule 9 of Assam Services (Discipline and Appeal) Rules, 1964 - Several cases highlight procedural irregularities, including failure to provide reasonable opportunity for hearing, non-compliance with mandatory provisions, and violations of natural justice principles during disciplinary proceedings Dimbes Wargogoi VS State of Assam and Ors. - Gauhati, Kamal Kumar Bhuyan S/o Kshirod Ch. Bhuyan VS State of Assam - Gauhati, Motilal Cheran VS State of Meghalaya - Gauhati, Dinesh Chandra Ray VS State of Assam - Gauhati, Subrata Talukdar VS State of Assam - Gauhati.
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Procedural Irregularities - Courts have quashed departmental proceedings and penalties when procedural requirements under Rule 9, such as proper inquiry and adherence to natural justice, are violated. Disciplinary actions taken without following the prescribed procedures are deemed illegal and liable to be set aside Md. Shahjahan Ali S/o Late Saman Ali Munshi VS State of Assam - Gauhati, Baikuntha Chetia VS State of Assam - Gauhati.
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Right to Appeal - Rule 27 provides the petitioner with the right to seek review or appeal against disciplinary decisions. The final verdicts emphasize that disciplinary authorities must act within their rights, respecting the rules and principles of parity, and that differences in punishment do not necessarily indicate violations if procedural fairness is maintained TRILOSON BORO vs THE STATE OF ASSAM - Gauhati.
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Principles of Natural Justice - Violations such as denial of a fair hearing, procedural lapses, and non-compliance with Rule 9's requirements breach natural justice, leading to the annulment of disciplinary actions and penalties Dimbes Wargogoi VS State of Assam and Ors. - Gauhati, Subrata Talukdar VS State of Assam - Gauhati.
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Overall, adherence to the procedural mandates of the Assam Services (Discipline and Appeal) Rules, 1964, especially Rule 9, is crucial for the legality of disciplinary proceedings. Violations result in quashing of proceedings or penalties, underscoring the importance of procedural fairness and the right to appeal Kamal Kumar Bhuyan S/o Kshirod Ch. Bhuyan VS State of Assam - Gauhati, Dombeswar Dutta VS Assam Agricultural University and Ors. - Gauhati.
Analysis and Conclusion:
The main insight is that violations of Rule 9 of the Assam Services (Discipline and Appeal) Rules, 1964, particularly procedural lapses and breaches of natural justice, lead to the annulment of disciplinary actions. Proper adherence to procedural safeguards, including fair hearings and timely proceedings, is essential to uphold the legality and fairness of disciplinary measures. The rules also safeguard the right to appeal under Rule 27, ensuring checks on disciplinary authority actions.
Search Results for "Violation of Rules under Assam Services Discipline Appeal Rules 1964"
2007 0 Supreme(Gau) 392 • India - Gauhati
AFTAB H.SAIKIA
Issues: Violation of mandatory provision of rule 9 of the Assam Services (Discipline and Appeal) Rules, 1964, and the illegal ... of rule 9 of the Assam Services (Discipline and Appeal) Rules, 1964 and the illegal conversion of the proceeding into rule 21 of ... Misconduct - Pensionary Benefit - Assam Services (Pension) #HL_S....
2018 0 Supreme(Gau) 747 • India - Gauhati
SUMAN SHYAM
Issues: Violation of Assam Services (Discipline & Appeal) Rules, 1964, procedural irregularities in disciplinary proceedings ... RTI Act - Disciplinary Proceedings - Assam Services (Discipline & Appeal) Rules, 1964 - Rule 9 Fact of the Case: ... Services (Discipline & Appeal) Rules, #HL_S....
2025 Supreme(Online)(GAU) 908 • India - Gauhati High Court
HONOURABLE MR. JUSTICE SOUMITRA SAIKIA J
of rules or principles of parity, noting provisions of the Assam Services (Discipline and Appeal) Rules, 1964. ... disciplinary authority acted within its rights and that the differences in punishment between involved parties do not amount to a violation ... The final verdict emphasizes the petitioner's right to appeal for a review under Rule 27. ... Services (Discipline and Appeal#HL_EN....
2024 0 Supreme(Gau) 736 • India - Gauhati
SANJAY KUMAR MEDHI
under Rule 14 of the Assam Services (Discipline and Appeal) Rules, 1964. ... Disciplinary Proceeding - Recovery from Pensionary Benefits - Assam Services (Discipline and Appeal) Rules ... , 1964 - Rule 9, 14 - Inquiry Procedure - Violation of Rules - Setting Aside of Penalty - Pensionary Benefits Calculation p align ... The petitioner had accor....
2006 0 Supreme(Gau) 265 • India - Gauhati
RANJAN GOGOI
: Assam Services (Discipline and Appeal) Rules, 1964 - Rule 9 - The court discussed the provisions of Rule 9 of the Assam Services ... Misconduct - Departmental Enquiry - Assam Services (Discipline and Appeal) Rules, 1964 - Rule 9 - Summary of Acts and Sections ... (Discipline and Appeal) Rules#HL_E....
1998 0 Supreme(Gau) 325 • India - Gauhati
D.BISWAS
Rule 16 of the Assam Services (Discipline and Appeal) Rules, 1964. ... under Rule 16 of the Assam Services (Discipline and Appeal) Rules, 1964. ... DISCIPLINARY PROCEEDINGS - ASSAM SERVICES (DISCIPLINE AND APPEAL) RULES, 1964 - RULE 16 - APPEAL - MAINTAINA....
2000 0 Supreme(Gau) 121 • India - Gauhati
P.C.PHUKAN
Disciplinary Proceedings - Violation of Procedural Requirements - Assam Services (Discipline and Appeal) Rules, 1964 - Rule 9 ... Issues: Violation of procedural requirements under Rule 9 of the Assam Services (Discipline and Appeal) Rules, 1964 ... Services (Discipline and Appeal) #HL_STA....
1997 0 Supreme(Gau) 40 • India - Gauhati
D.N.CHOWDHURY, V.DUTTA GYANI
of Rule 9 of the Assam Services (Discipline and Appeal) Rules, 1964. ... DISMISSAL FROM SERVICE - REASONABLE OPPORTUNITY OF HEARING - ASSAM SERVICES (DISCIPLINE AND APPEAL) RULES, 1964 - RULE 9 - INTERPRETATION ... Rule 9 of the Assam Services (Discipline and Appeal) Rules,....
2005 0 Supreme(Gau) 487 • India - Gauhati
R.B.MISRA
Issues: Non-compliance with the Assam Services (Discipline and Appeal) Rules, 1964, and violation of the principles of natural ... Natural Justice - Service Dismissal - Assam Services (Discipline and Appeal) Rules, 1964 - Rule 9(8) Fact of the Case:In these circumstance, keeping in view the seriousness of charges the 'Samity' resolved to dismi....
2013 0 Supreme(Gau) 487 • India - Gauhati
UJJAL BHUYAN
Suspension Order - Departmental Proceeding - Assam Services (Pension) Rules, 1969, Assam Services (Discipline & Appeal) Rules, ... 1964 - The court set aside and quashed the departmental proceeding and the penalty imposed due to violation of the principles of ... Issues: Violation of principles of natural justice, disappearance of disciplinary proceeding record, delay in concluding the ... #HL_ST....
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