PRADIP KUMAR SARMAH Vs. STATE OF ASSAM

JUDGEMENT

(1.) THE writ petitioner, a judicial officer, is challenging his removal from Assam Judicial Service vide impugned order dated 11.10.2001, in the back-drop of the following observations given by the Hon'ble Supreme Court in the case of Madan Mohan Choudhary Vs. State of Bihar and Ors., reported in (1999) 3 SCC 396:

(2.) WE have heard Shri A. K. Bhattacharyya, learned senior counsel for the writ petitioner and Shri S.S. Dey, learned standing counsel for the Gauhati High Court. Though State of Assam (respondent Nos. 1 and 2) have filed their affidavit but none appeared to advance their oral argument to substantiate the impugned removal order dated 11.1.2002 as well as the impugned order of the appellate authority dated 17.6.2004, dismissing the appeal. WE have also perused the averments made in the writ petition and the affidavits of the respondents as well as the documents appended therewith. WE have also scanned the records of the disciplinary proceeding.

(3.) THE disciplinary proceeding was conducted as per the provisions of the Assam Services (Discipline and Appeal) Rules, 1964 (in short 'Disciplinary Rules'). Since the writ petition revolves around non-adherence of Rules 9(5) and 9(6) of the Disciplinary Rules, we deem it proper to reproduce the aforesaid provisions for ready reference"