BABULALDAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) By this writ petition, the petitioner has made a challenge to the order dated 26.10.98 passed by the Chief Judicial Magistrate, Tinsukia removing him from service. Shortly stated the facts leading to the filing of the instant writ petition are as follows.

(2.) The petitioner at the relevant point of time was serving as UD Assistant in the office of the Chief Judicial Magistrate, Tinsukia He was served with a show cause notice dated 16.11.92 under Rule 9 of the Assam Services (Discipline and Appeal) Rules, 1964 read with Article 311 of the Constitution of India asking him to show cause as to why any of the penalties specified in Rule 7 of the said Rules should not be imposed on him. Altogether 6 charges were levelled against him which are as follows:

(3.) The show cause notice was issued by the disciplinary authority i.e. the Chief Judicial Magistrate, Tinsukia, who was also cited as a witness in the list of witnesses annexed to the show cause notice. On receipt of the show cause notice, the petitioner submitted his show cause reply dated 4.3.93 denying the allegations levelled against him. Another show cause notice was issued against the petitioner on 2.7.93 under the signature of the same very authority who had earlier issued the show cause notice dated 16.11.92 levelling 3 charges against the petitioner which are as follows: