SASHI BHUSAN BARMAN Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. A. Deka, learned counsel for the petitioner and SMT Chisti, learned counsel for the respondents No. 1 and 2 being the authorities in the Secondary Education Department of the Government of Assam.

(2.) The petitioner is serving as a Progress Assistant in the Selection Branch of the Office of the Director of Secondary Education, Assam. By an order dated 05.12.2017, the petitioner was placed under suspension on the ground that several complaints were received from the teachers that while the process for promotion to the posts of Headmaster was being undertaken, the petitioner by virtue of the office he was holding, had involved in some anomalies in the selection. A preliminary enquiry was conducted and the enquiry report also revealed that some grave anomalies were committed by the petitioner during the process of selection for the posts of Headmaster/Superintendent and Assistant Headmaster/Assistants Superintendent.

(3.) In the process, a show cause notice dated 16.05.2018 under Rule-9 of the Assam Services (Discipline and Appeal) Rules, 1964 (in short Rules of 1964) read with Article 311 of the Constitution of India was served on the petitioner asking him to show cause as to why any of the penalties prescribed under Clauses (i) to (iii) of Rule 7 of the Rules of 1964 should not be imposed upon him.