MRINAL KHOUND Vs. STATE OF ASSAM

JUDGEMENT

(1.) HEARD Mr. R. Baruah, the learned counsel for the petitioner as well as Mr. B.J. Ghosh, the learned State Counsel appearing for the respondents.

(2.) THE petitioner in the present petition has challenged the departmental proceeding initiated vide the show cause notice dated 14th December, 1995 issued by the Secretary to the Government of Assam, Personal (A) Department asking him to show cause as to why the disciplinary action under the provisions of the Assam Services (Discipline and Appeal) Rules, 1964 read with Article 311 of the Constitution of India should not be taken against him for the allegations contained in the said show cause notice. THE petitioner has also prayed for a direction to the respondent authorities to permit him to resume his duties and to give necessary posting.

(3.) MR. Baruah, the learned Sr. Counsel for the petitioner submits that since the petitioner has neither been put under suspension nor been dismissed or removed from service or his resignation has been accepted, the respondents cannot keep him hanging position without accepting the joining report as submitted by him on 5th September, 2008. MR. Baruah, therefore, submits that necessary directions may be issued to the respondent authorities to accept such joining report and to give the necessary posting and also to pay the unpaid salary since the year 1986.