DINESH CH RAY Vs. STATE OF ASSAM

JUDGEMENT

(1.) I have heard Mr. B.K. Sharma, learned counsel for the writ petitioner, as well as Mr. Das, learned Govt. Advocate appearing for the State respondents. I have also perused the records of the case.

(2.) By this application under Article 226 of the Constitution of India, the petitioner has challenged the legality and validity of the order dated 28.4.90 passed by the Deputy Commissioner, Kokrajhar dismissing him from service and also the order dated 24.7.91 passed by the Commissioner, Lower Assam Division vide Memo No. PAPA/90/57 and also the order dated 28.10.91 passed by the Assam Administrative Tribunal rejecting the petitioner's appeal petition.

(3.) Petitioner's case in brief is that he was appointed as a Process Server in the Gosaigaon Tehsil Office in the Kokrajhar district w.e.f. 27.7.67. He was placed under suspension by the S.D,O.(C), Kokrajhar by the order dated 14.7.82 with immediate effect. He was also served with a show cause notice dated 20.3.84 by the Deputy Commissioner, Kokrajhar. Charges were framed against him issuing the statements of allegations and he was called upon to submit his written statement of defence within 10 days from the date of receipt of the show cause notice. The aforesaid show cause notice initiating departmental proceedings against him was issued after 20 months and 4 days of his suspension. The charges levelled against him were: (i) Misappropriation of Government money, (ii) causing disappearance of CFR Book No. 679 with a view to escaping the guilt of receiving the amounts involved.