MRS. MINATI BORAM LECTURER, ZOOLOGY, NORTH LAKIMPUR GIRLS COLLEGE, LAKHIMPUR Vs. STATE OF ASSAM AND OTHERS REPRESENTED BY THE COMMISSIONER AND SECRETARY, EDUCATION DEPARTMENT, DISPUR

JUDGEMENT

(1.) Heard Mr. B.K. Bhattacharjee, learned counsel for the petitioner. Also heard Mr. J. Abedin, learned Standing Counsel, Education Department. I have also heard Mr. R.K. Bora, learned counsel representing respondent Nos. 3 and 4. By means of this writ petition, the petitioner presently serving as Assistant Professor of Lakhimpur Girls College, has challenged the Annexure-J and K orders dated 18/12/2012 and 15/12/2012, by which she has been imposed with the penalty of withholding of 3 (three) increments with cumulative effect.

(2.) The petitioner was issued with the Annexure-D show cause noted dated 23/05/2012 with the following allegationS:-

(3.) Although the show cause notice was issued under Rule 9 of the Assam Services (Discipline and Appeal) Rules, but the same was not accompanied with the list of documents and witnesses as mandatorily required. Be that as it may, the petitioner in her reply vide Annexure-F dated 06/08/2012 denied the charges. Thereafter the petitioner was furnished with the copy of the enquiry report vide letter dated 07/11/2012. The enquiry report is dated 08/10/2012. As per the enquiry report, the charge No.1, 2 and 6 were not established in the enquiry. However, the other charges, namely, charge No. 3, 4 and 5 as per the enquiry report, stood established. The petitioner being furnished with the copy of the enquiry report submitted her reply vide Annexure-I representation dated 21/11/2012. Thereafter the Governing Body of the College vide its resolution No.1 adopted in its meeting held on 18/10/2012 decided to impose the penalty of withholding of 3(three) increments with cumulative effect and the same was communicated to the petitioner vide Annexure-J impugned letter dated 18/12/2012. The Director of Higher Education, Assam, also approved the resolution of the Governing Body vide Annexure-K impugned order dated 15/12/2012.