AMULYA KUMAR GOGOI Vs. ASSAM STATE ELECTRICITY BOARD

JUDGEMENT

(1.) THE petitioner is aggrieved by Annexure-9 and 14 orders dated 11.10.2000 and 27.12.2002 respectively. By Annexure-9 order, the petitioner was imposed with the penalty of stoppage of two increments with cumulative effect. THE penalty so imposed was pursuant to a departmental proceeding initiated and completed as per the provisions of ASEB (General Service) Regulations, 1960. Being aggrieved by the order of penalty, when the petitioner preferred an appeal before the Departmental Appellate authority, the said authority by its Annexure-14 order disposed of the same upholding the order of penalty. Being aggrieved, the petitioner invoked the writ jurisdiction of this Court assailing the legality and validity of the said two orders.

(2.) I have heard Ms. P. Goswami along with Ms. E. Ahmed, learned counsel for the petitioner as well as Mr. N. Goswami, learned Standing Counsel, ASEB. I have also perused the entire materials on recorrd and have given my anxious consideration to the same.

(3.) IN response to the charges leveled against the petitioner asking him to show cause, he submitted Annexure-5 reply dated 18.3.1998 denying the charges. His defence was that he had withdrawn the amount from the Bank and while was waiting for escort to come, one unknown person sitting by his side did a trick on him and he became unconscious. Thereafter the said unknown person committed mischief by taking the amount away from him. The petitioner categorically denied that it was a case of fraud committed by him. The petitioner also expressed his surprise as to why the Resident Engineer, who had taken the token from the Bank for withdrawal of the amount did not withdraw the amount himself, but instead gave the same to the petitioner for withdrawal.