BHUPENDRA NATH DEKA Vs. STATE OF ASSAM

JUDGEMENT

(1.) The writ petitioner seeking to invoke the extra-ordinary and discretionary jurisdiction of this Court under Article 226 of the Constitution of India, has preferred the instant writ petition assailing an Order under Memo no. CJM/BAR/2017/598[A] dtd. 16/3/2017 passed by the learned Chief Judicial Magistrate, Barpeta as the Appointing Authority-cum-Disciplinary Authority in a discipline proceeding, D.P. no. 1/2013. By the impugned Order dtd. 16/3/2017, the Appointing Authority-cum-Disciplinary Authority had imposed a penalty of stoppage of three increments without cumulative effect under Rule 7[ii] of the Assam Services [Discipline and Appeal] Rules, 1964 upon the petitioner as the delinquent.

(2.) The sequence of events which have led the petitioner to prefer the present writ petition can be exposited, in brief, as follows :

(3.) In the Reply to the Memorandum of Charge sheet, submitted on 1/7/2013, the petitioner had admitted that he had deposited the fine amount of Rs.5,000.00 in compliance of the Judgment and Order dt. 15/9/2012 passed in Sessions Case no. 04/2011. The petitioner had further informed that he had already preferred a criminal appeal before this Court on 14/12/2012 and the said criminal appeal had been registered and numbered as Criminal Appeal no. 169/2013. As the said criminal appeal was pending on the date of submission of the Reply to the Memorandum of Charge, that is, on 1/7/2013, the petitioner requested the Disciplinary Authority not to proceed further in the disciplinary proceeding on the basis of the Memorandum of Charge and had prayed for keeping the disciplinary proceeding in abeyance till the outcome of the criminal appeal, Criminal Appeal no. 169/2013.