ASSAM RASTRABHASA PRASAR SAMITY Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. S. Chakraborty, learned counsel for the writ petitioner (Management). Also heard Mr. F. Khan, learned counsel for the respondent No.3 and Ms. U. Das, learned counsel for the respondent No.1. No one appears for the respondent Nos. 2 and 4.

(2.) At the outset, the counsel for the petitioner submits that the respondent No.2 died during the pendency of this case and that the legal heirs of the respondent No.2 have accepted the impugned order dtd. 4/3/2009 issued by the Management against the respondent Nos. 2, 3 and 4. The petitioner's counsel also submits that during the proceedings of this case, the respondent No.4 had also accepted the impugned order dtd. 4/3/2009 issued by the Management, by which the respondent nos.2, 3 and 4 have been compulsorily retired from service.

(3.) The case of the petitioner is that the respondent No.3 is a workman, who was placed under suspension vide order dtd. 23/6/2005. Show cause notice dtd. 5/11/2005 was issued to the respondent No.3 asking him to submit his written statement of defence against the 7 charges that were framed against him. The show-cause-notice dtd. 5/11/2005 has listed out 8 charges. However, there is no charge number 3 in the show-cause-notice dtd. 5/11/2005. The 8 charges without charge No.3 are as follows-