NAGENDRA NATH BHUYAN Vs. STATE OF ASSAM

JUDGEMENT

(1.) HEARD Mr. F.U. Borbhuya, learned Counsel for the petitioner and Ms. A.Verma, learned Standing Counsel, Health Department. Mr. C. Baruah, learned Counsel appears for respondent No.4, Accountant General (A & E), Assam.

(2.) BY way of this writ petition, petitioner seeks a direction to the respondents to give retrospective effect to his promotion to the posts of Assistant Professor, Associate Professor and Professor in the Pathology Department in the Medical Colleges of the State following quashing of order of penalty passed by the disciplinary authority and order passed by this Court in the previous round of litigation.

(3.) WHILE the petitioner was serving as Demonstrator in the Pathology Department, Gauhati Medical College and Hospital, Guwahati, a show -cause notice dated 04 -07 -1997 was issued to him by the disciplinary authority alleging misconduct in the performance of duties. Petitioner was also transferred to Silchar Medical College. The reason for the above was the alleged failure of the petitioner to attend to VVIP duty assigned to him. Petitioner was also placed under suspension but was subsequently re -instated. Following a departmental proceeding, penalty of withholding of promotion for a period of three years was imposed on the petitioner vide order dated 30 -03 -2004.