MADHAB CHANDRA BORPUJARI Vs. STATE OF ASSAM

JUDGEMENT

(1.) THE petitioner is aggrieved by the order dated 10. 06. 98 by which he has been imposed with the penalty of reduction in rank pursuant to the departmental proceeding. It is the case of the petitioner that he had entered the services of the respondents as a Lower Division Assistant and thus could not have been reduced to the rank of Peon which is lower than the rank of LDA to which grade he was originally appointed. The facts as narrated in the writ petition are that the petitioner while was serving under the respondents was placed under suspension by an order dated 30. 06. 89. When the order of suspension was not revoked the petitioner approached this Court by filing a writ petition which was registered and numbered as Civil Rule No. 2304/92. The writ petition was disposed of by order dated 24. 11. 92 providing for revocation of the order of suspension.

(2.) AFTER the aforesaid order of this Court the petitioner was reinstated in service by an order dated 15. 12. 92. In the mean time, a criminal case was registered against the petitioner under Section 409/468, IPC, vide Sibsagar Police Station Case No. 58 of 1989. The petitioner was acquitted of the charges by Judgment dated 24. 04. 95.

(3.) CLAIMING regularization of the intervening period when the petitioner was under suspension, the petitioner once again approached this Court by filing another writ petition which was registered and numbered as CR No. 231 of 1996. The writ petition was disposed of granting liberty to the respondents to initiate departmental proceeding if allowed by law and to complete the same within a period of 6 months.