RULESWAR DAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) The petitioner who is currently working as a District Transport Officer, Dhemaji has filed this petition challenging the order of his release from service by the notification dated 6.5.2002. The notification reads as follows:

(2.) It is necessary to relate back to the happenings prior to the issue of the said notification. The State Government had issued a W.T. Message dated 30.7.200 to the Deputy Commissioner directing that the writ petitioner be released from service with immediate effect. The operation of the said notification was stayed by this Court in W.P.(C) No. 5427 of 2001. Eventually, the said petition was dismissed on withdrawal and the State after necessary enquiry from the Gauhati University passed the impugned order.

(3.) Mr A.M. Mazumdar, learned senior counsel submits that the decision to release the petitioner from service has been taken unilaterally by the State Government because of alleged disciplinary in the date of birth and, that too, without affording an opportunity to the petitioner of being heard. According to Shri Mazumdar, this is in complete negation of the principles of natural justice and the provisions of Article 311. Mr Sarma, learned State Counsel, however, justified the order of release on the ground that the petitioner had practised fraud while giving his date of birth for entering in the service book. Shri Sarma submitted that the impugned order is not punitive as it is not an order of dismissal or removal from service, but an order simpliciter of superannuation from service on completion of 58 years. Shri Sarma further submitted that the petitioner had submitted forged Matriculation certificate in order to show that he was bom on 9.10.1944. Referring to the affidavit-in-opposition and the documents attached therewith. Shri Sarma submitted that the petitioner's date of birth is 30.4.1939 and not 9.10.1944 and as such he was due to retire in 1997.