JAMINI DEVEE Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. K.K. Mahanta, the learned senior counsel assisted by Mr. K.Sinha, the learned counsel appearing on behalf of the Petitioner as well as Mr. B.Gogoi, the learned counsel appearing on behalf of the Finance Department.

(2.) The question involved in the instant writ proceeding, is as to whether the imposition of penalty vide the order dtd. 8/11/2010 by the Govt. of Assam was in violation to the principles of natural justice as well as the judgment of the Supreme Court in the case of Managing Director ECIL Hyderabad and Ors. Vs. B.Karunakar and Ors. reported in (1993) 4SCC 727. The other questions herein raised in the instant writ petition are incidental to this broad question outlined herein above. Taking into account the said question involved, this Court proposes to deal with the brief facts narrated infra.

(3.) The petitioner received a show cause notice dtd. 11/2/2009, wherein, the petitioner was asked to show cause against the various allegations made therein against her. The petitioner replied to the said show cause on 21/2/2009, thereupon, another show cause was issued on 30/5/2009, under Rule 9 of the Assam Services (Discipline and Appeal) Rules 1964, (for short the Rules of 1964). The petitioner thereupon submitted her reply on 12/6/2009.