JITEN HAZARIKA Vs. STATE OF ASSAM AND ORS.

JUDGEMENT

(1.) THE petitioner Shri Jiten Hazarika a Grade III employee of C.K.B, College, Teok, was removed from service by order dated 24.8.2000 of the Principal Incharge and Secretary of the College vide his Memo No CKBC/ESST/Dismissal/2000/2.

(2.) IT is alleged that on 22.3.2000 he was served with a notice to show cause against certain allegations and he showed cause by his reply dated 28.3.2000 denying all charges as concocted and fabricated. That on 22.5.2000 petitioner was served with notice of inquiry (domestic) asking him to appear before 'joint Enquiry Committee' on 24.5.2000 adding fresh charges other than those already mentioned in earlier notice dated 22.3.2000 and arrying another three persons as delinquents. That the petitioner registered his objection to such 'impermissible' inquiry vide letter dated 23.5.2000, opining it violative of the principles of relevant guidelines. That during the proceeding taken on 24.5.2000 Principal in -charge was sitting along with the two staff -Lecturers to hold the inquiry (according to him 'so called' and illegal) and the petitioner was forced to make a statement without giving him any chance to cross -examine witnesses produced, for the management. Petitioner was not furnished, with any report of enquiry in spite of his repeated asking thereby causing pre -judice to him. Thereafter the petitioner was asked by another show -cause letter dated 12.8,2000 to show -cause within 7 days why he should not be dismissed from service. Petitioner again denied all charges by his reply dated 24.8.2000 and again asked for copy of enquiry report. Thereafter, he received the order of termination of service on and from 24.8.2000. He prayed for setting aside of such order of termination holding the same is illegal, arbitrary, and erroneous based on confused charges.

(3.) THE parties were heard and materials before Court were considered.