ABDUL KADER Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. M Sarma, learned counsel for the petitioner. Also heard Mr. R Dhar, learned Additional Senior Government Advocate for the respondents in the State of Assam.

(2.) The petitioner was serving as a Superintending Engineer in the respondent Public Works Department and while he was in service he was issued a show cause notice dtd. 4/7/2015, under Rule 9 of the Assam Services (Discipline and Appeal) Rules, 1964 (in short, Rules of 1964) read with Article 311 of the Constitution of India requiring him to show cause as to why penalty prescribed under Rule 7 of the Rules of 1964 shall not be imposed on the petitioner in respect of the two charges that are provided in the show cause notice itself. The petitioner submitted his reply dtd. 24/7/2015. The proceeding initiated against the petitioner resulted in the order dtd. 3/3/2017 of the Secretary to the Government of Assam in the Public Works Roads Department.

(3.) The relevant provisions of the order passed in the disciplinary proceeding against the petitioner dtd. 3/3/2017 is extracted as below: