BHUPESH CHANDRA DAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. K. N. Choudhury, learned Senior Counsel assisted by Mr. D. Das, learned counsel for the parties. Also heard Ms. M. Bhattacharjee, learned Additional Senior Government Advocate for the State respondent.

(2.) By way of this petition under Article 226 of the Constitution of India, the petitioner is assailing the impugned departmental proceeding initiated against the petitioner by show-cause notice dtd. 9/2/2018.

(3.) The petitioner while serving as Chief Executive Officer at Darrang Zila Parishad was arrested by the Vigilance and Anti-Corruption Cell, Assam in connection with the ACB PS Case No. 24/2017 under Sec. 7/13(1)(d)/13(2) of the Prevention of Corruption Act, 1988 (herein referred to as PC Act, 1988) on 22/9/2017. In pursuant to the said arrest, the respondent authorities issued a show-cause notice dtd. 9/2/2018 to the petitioner under Rule 9 of the Assam Services (Discipline and Appeal) Rules, 1964 read with Article 311 of the Constitution of India. (Herein referred to as Rules of 1964).