JADEV CHETIA Vs. STATE OF ASSAM

JUDGEMENT

(1.) THE writ petitioner who was dismissed from service pursuant to a departmental proceeding is aggrieved by the order passed on review of the earlier order of dismissal by which he has been reinstated in service with the modified punishment of stoppage of two increments with cumulative effect, further providing that the period of absence from the date of order of suspension till resumption of duties would be treated as absence from duty disentitling him from all service benefits and also providing for recovery of the amount misappropriated by him for which the charge was drawn against him.

(2.) THE petitioner while was serving as LDA under the Deputy Commissioner, Sibsagar was placed under suspension by an order dated 11. 08. 88, on ground of misappropriation of Govt. money. A regular departmental proceeding was initiated and completed against him. The petitioner was charged for misappropriation of Govt. money amounting to Rs. 58,977. 11.

(3.) ON conclusion of the departmental enquiry and having held the charge to the established, the petitioner was imposed with the penalty of dismissal from service by an order dated 12. 09. 88. It was further provided that for the period of suspension, he would not be entitled to any other benefit except the subsistence allowance which was already paid to him.