RENU BARMAN Vs. STATE OF ASSAM

JUDGEMENT

(1.) The Appellant is aggrieved by the judgment and order dated 25.04.2007 passed in W.P. (C) No. 5785/2003, dismissing the same. The writ Petitioner therein had challenged the decision to dismiss her from the service of the Assam Khadi and Village Industries Board, Guwahati (hereafter for short referred to as the Board).

(2.) We have heard Mr. A. Dasgupta, learned Counsel for the Appellant and Mr. N.C. Baruah, Senior Advocate assisted by Mr. J.C. Choudhury, Advocate for the Respondent Board.

(3.) The run up of facts to the instant appeal, in brief, has to be outlined. The Appellant was appointed as Lower Division Assistant (hereafter, for short referred to as the LDA) under the Board vide order dated 09.01.1975. Being sick she availed medical leave from 15.05.1994 to 23.06.1994. As even thereafter she did not recover and had to remain under medical treatment, she could not join her duties. She returned being cured in the last part of August, 1996, but was not allowed to join her post when she went to the office therefor. Initially she was informed that her services have been terminated and, eventually, she was handed over a copy of the order dated 20.01.1996 of the Chief Executive Officer of the Board removing her from service for irresponsible conduct, negligence to duty, insubordination and arrogance. Being aggrieved, the Appellant submitted representation before the higher authorities of the Board and other fora and, eventually, on the direction of the Chief Executive Officer of the Board, an officer thereof was entrusted to enquire against the imputions, which had led to her ouster. The Inquiry Officer, by his letter dated 24.01.2002 having required her to appear in the inquiry, she participated therein. According to her, she was not permitted to take the assistance of a person of her choice as her defence assistant. Besides, no formal charge sheet was served on her and the procedure otherwise prescribed by law for such an inquiry was not followed as well. Finally the Inquiry Officer submitted his report, on the basis whereof, by order dated 15.05.2002 of the Chief Executive Officer of the Board, she was dismissed from service. Situated thus, she approached this Court with W.P. (C) No. 5785/2002 assailing the impugned decision (s) of her dismissal from service and also the procedure undertaken therefor.