AMAL KUMAR LAHA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Both the writ petitions being connected and filed by the same petitioner, an analogous hearing have been conducted and the same are being disposed of by this common judgment and order.

(2.) The facts projected by the petitioner are that he was serving as an Anaesthetist in the Health Department and was appointed in the year 1983. In course of his service, he was transferred to the Fakhruddin Ali Ahmed Medical College and Hospital, Barpeta on 28/6/2013. At that time, the petitioner has also faced a Departmental Proceeding which however was closed vide an order dtd. 25/6/2015 with a penalty of 'Censure' being imposed. On 28/12/2017, the petitioner had submitted an application seeking Voluntary Retirement. It is contended that such application was under the provisions of F.R. 56(c). It is the specific case of the petitioner that there was no communication in response to the said application and accordingly by the deeming provision of the aforesaid provision of law, the application for Voluntary Retirement was held to be accepted after expiry of 3 (three) months. Long thereafter, on 27/2/2019, a Show Cause Notice was issued to the petitioner whereby he was directed to submit his statement of defence on the allegations of being unauthorizedly absent. At that stage, the first writ petition being WP(C)/8004/2019 was filed and initially, this Court vide order dtd. 13/11/2019 had made an observation that the Disciplinary Proceeding would be subject to the outcome of the writ petition. It appears that the Disciplinary Proceeding was accordingly gone ahead in which the petitioner had also participated and the same culminated in an order dtd. 10/3/2023 whereby the petitioner has been dismissed from service. The aforesaid order dtd. 10/3/2023 of Dismissal is the subject matter of challenge in the second writ petition being WP(C)/2162/2023.

(3.) I have heard Shri S. Borthakur, learned counsel for the petitioner. I have also heard Shri D.P. Borah, learned Standing Counsel, Health and Family Welfare Department who submits that affidavit-in-opposition has also been filed on 24/3/2021 in the first writ petition i.e., WP(C)/8004/2019.