BIMAL PAYENG Vs. STATE OF ASSAM

JUDGEMENT

(1.) An order of penalty dtd. 30/8/2019 imposed in a Disciplinary Proceeding, namely, stoppage of one increment with cumulative effect in respect of the petitioner is the subject matter of challenge in this writ petition. Since there is a chequered history including past litigation, it would be convenient if the facts of the case are stated in brief.

(2.) The petitioner was serving as a Senior Assistant in the Department of Pension, Government of Assam. A Disciplinary Proceeding was initiated against the petitioner on certain charges regarding genuineness of a case of family pension and in that connection the petitioner was also suspended vide order dtd. 15/5/2013. The said Disciplinary Proceeding had culminated in an order dtd. 19/2/2015 by which the petitioner was dismissed from service. The departmental appeal preferred by the petitioner was also rejected vide order dtd. 16/5/2015.

(3.) The said orders were the subject matter of challenge in a writ petition filed by the petitioner which was registered as WP(C)/3272/2015.