DHRUBAJYOTI TALUKDAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) THIS writ petition was filed by the petitioner challenging the enquiry proceeding that was initiated against him vide memorandum of charge -sheet dated 24.05.2012. During the pendency of the writ petition, the said proceeding has come to an end and the petitioner has been imposed with the penalty of dismissal from service vide order dated 20.11.2012 (Annexure -3 to the affidavit in opposition). The petitioner was first appointed as Assistant Professor of Zoology in Barama College in the year 2007. While he was serving as such in a non -sanctioned post, he was offered Senior Research Fellowship (Fishery) by the Central Inland Fishery Research Institute (ICAR), Kolkata, vide Annexure -B memorandum dated 23.10.2010. As per the terms of the said fellowship, his place of posting was at Regional Centre of Central inland Fisheries Research Institute, Guwahati. The fellowship was up to 31.03.2011 with consolidated fellowship of Rs. 12,000/ - per month plus HRA.

(2.) ACCORDING to the petitioner, he was allowed to join the project vide Annexure -A certificate dated 25.09.2010 purportedly issued by the Principal of the College. As per the certificate, the Principal of the college had allowed him to join the fellowship.

(3.) THE aforesaid show -cause notice was followed by another show -cause notice dated 12.02.2011 (Annexure -E), by which the petitioner was intimated that he was nor allowed to pursue the project by the Governing Body of the College and that he had joined the fellowship without any permission from the College authority. In response to the said show -cause notice, the petitioner vide his Annexure -F letter dated Nil while not denying the allegation, however, contended that he is a follower of Swami Vivekananda and Lord Krishna and that he believed in work culture.