KOLLOLMOY DEY Vs. THE ASSAM ELECTRICITY BOARD

JUDGEMENT

(1.) THE challenge in this writ petition is the Annexure -8 order dated 09.09.2008, by which pursuant to a departmental proceeding, the petitioner has been imposed with the penalty of stoppage of four annual increments with cumulative effect. At the relevant point of time, the petitioner was the Central Secretary of the Assam State Power Workers Union. While he was serving as Lower Division Assistant, the Annexure -3 Charge -sheet dated 28.08.2006 was issued to him leveling the following charges: - -

(2.) ALONG with the charge sheet, the statement of allegation in respect of the charges was also enclosed, which is also quoted below: - -

(3.) IN due course, an enquiry was conducted against the petitioner relating to the charges and the Enquiry Officer vide his report dated 05.03.2008 held that while the Charge No. 2 could not be proved, but Charge Nos. 1 and 3 stood established in the enquiry. After the aforesaid findings recorded by the Enquiry Officer, Annexure -6, 2nd show cause notice dated 07.05.2008 was issued to the petitioner enclosing therewith the copy of the enquiry report asking him to show cause as to why the penalty of termination of service should not be imposed on him. Responding to the said show cause notice, the petitioner submitted his Annexure -7 representation stating the following: - -