MADAN CHANDRA KAIBARTA Vs. STATE OF ASSAM

JUDGEMENT

(1.) The extraordinary jurisdiction conferred by Article 226 of the Constitution of India is being sought to be invoked by the Petitioner, who has put to challenge a Disciplinary Proceedings which has culminated in an Order of Dismissal from service. It is the case of the Petitioner that such Dismissal Order was initially passed on 12/1/2022, which was the subject matter of challenge in a Departmental Appeal, in which the Appellate Authority had passed an Order, dtd. 27/4/2022 by remanding the matter back and had also directed that till such reconsideration, the impugned dismissal would remain stayed. Subsequently, vide an Order, dtd. 30/6/2022, a fresh order of penalty was passed by the Disciplinary Authority, whereby the earlier Order of Dismissal was upheld.

(2.) Before going to the issue which has arisen for adjudication, it would be convenient if the facts of the case is narrated in brief.

(3.) The Petitioner was appointed as an Assistant Teacher (Graduate Level) on 20/8/1986 and was posted at the BDS Government HS School, Kahilipara which is mainly for students having hearing impairment. The Petitioner claims to have been promoted as a Graduate Teacher on 9/4/1990. While serving as such, an order was passed on 20/1/2004, whereby the Petitioner was transferred, on attachment to the School of Hearing Impaired, Jorhat. The Petitioner claims to have joined the said post and continued with it, however there was some break due to serious ailment of his wife who had subsequently passed away. It is the case of the Petitioner that from the year 2006, his wife was unwell.