JATINDRA NATH HAZARIKA Vs. STATE OF ASSAM

JUDGEMENT

(1.) I have heard Shri Mahanta, learned advocate for the petitioner atnd Shri Buragohain, learned advocate for the respondents.

(2.) The petitioner herein is working as an Assistant Training Superintendent, Inland Water Transport, Guwahati and holding the post till 27.5.99. The petitioner was subsequently promoted to the post of Training Superintendent vide notification dated 30.5.97. That the post was under Regulation-4(d) A.P.S.C. (Limitation & Functions) Regulation, 1951. His name was later on sent to Assam Public Service Commission for regularisation. Though the Assam Public Service Commission gave the approval, regularisation order has not yet been passed. But on 23.8.2001 there was a bolt from the blue and by Annexure-5 he was put under suspension. That notification is 'quoted below:-

(3.) Let us have a look at the rule on the basis of which the petitioner has been put under suspension. That rule is known as Assam Civil Services (Conduct) Rules, 1965. Rule-12(2) provides as follows:-