(1.) Heard Mr. N.C. Das, learned senior counsel for the petitioner and Mr. J. Handique, learned Government Advocate, Assam for the respondents. This petition has been filed by the petitioner under Article 226 of the Constitution of India challenging the legality and correctness of the order dated 26.10.2006 passed by the Presiding Officer, Labour Court, Guwahati dismissing the petitioner from service.
(2.) Case of the petitioner is that at the relevant point of time, he was serving as a driver of the Presiding Officer, Labour Court, Guwahati. On 15.2.2006, a show cause notice was issued to the petitioner by the Presiding Officer asking him to show-cause under Rule 9 of the Assam Services (Discipline & Appeal) Rules, 1964(Rules) as to why any of the penalties prescribed under the said Rules should not be imposed on him on the charges framed against the petitioner. The charges framed against the petitioner were as under:-
(3.) Though, petitioner had sought copies of certain documents, it appears that those were not furnished to him. Be that as it may, petitioner submitted his written statement of defence on 3.3.2006 denying the charges framed against him.