BHUPEN ROY Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Shri K.N. Choudhury, learned counsel for the petitioner and Mr. A.K. Phukan, learned Advocate General appearing for the State of Assam.

(2.) The petitioner, Shri Bhupen Roy, Chairman, Assam State Agricultural Marketing Board, for short 'the Board' was served with a show cause notice vide letter No. AGA.364/98/27 Dated: 27th August, 2001 under Section 3(7) of the Assam Agricultural Produce Market Act, 1972, read with Rule 3(5) of the connected Rules., 1975 to show cause as to why he should mot be removed from the post of Chairman of the Board. As many as, 3 charges were mentioned in the said notice and the petitioner wasigiven 3 week's time to furnsih his reply. Petitioner has filed the present writ petition praying for quashing of the said notice. The respondents have challenged the maintainability of the writ petition on the ground that this was a show cause notice only and the petitioner is at liberty to raise objection in his reply and thereafter the matter will be disposed of by the concerned authority in accordance with law. Learned counsel for the writ petitioner, on the other hand, submits that charge No. 1 is not legally tenable and as such it may be quashed by the court. So far the Charge No. 2 and 3 are concerned, it is seen that these are questions of facts which the petitioner is required to reply and there is no scope for quashing of the said charges in this writ petition.

(3.) Upon hearing the learned counsel for both the sides it is felt that the question of law is involved in the matter and as such it is proposed to consider the matter. The Charge No. 1 reads as follows :