MOHENDRA NARAYAN NATH Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. B.N. Sharma, learned counsel for the appellant and Mrs. A. Hazarika, learned Government Advocate for the respondent State.

(2.) The appellant, Shri Mohemdra Narayan Nath was~a member of the Assam Finance Service and while working as Deputy Director, Assam Administrative Staff College. He was ordered to be compulsorily retired from service vide order dated 11.04.94 passed by the Secretary to the Government of Assam, Finance Department. This order was made subject matter of challenge by the appellant by filing a writ petition (Civil Rule: No. 1661/94) which was allowed by the learned Single Judge and the order of compulsory retirement was quashed by order dated 07.03.95. Against the said judgment and order dated 07.03.95 the respondent Slate of Assam had filed Writ Appeal No. 204/ 95. That writ appeal was allowed by a Division Bench of this Court on 02.06.95 and the judgment and order of the learned Single Judge was quashed. The matter was remitted back to the learned Single Judge for fresh decision.

(3.) Before proceeding further with the facts of the case, it may be observed here that a Screening Committee submitted its report on 08.04.94 regarding the work and conduct of the appellant and some other officers including one Sri Malin Chandra Gohain. The said report reads as under-