ANIL SAIKIA Vs. STATE OF ASSAM

JUDGEMENT

(1.) HEARD Mr. M. Bhuyan, learned counsel appearing for the writ petitioner and Mr. R.K. Bora, learned Government Advocate, Assam appearing for the respondents.

(2.) AN order, dated 30.10.2002 of the Disciplinary Authority discharging the petitioner from service is the subject matter of challenge in the present writ application. To appreciate and understand the challenge made, a brief recital of the core facts will be called for.

(3.) THOUGH no affidavit has been filed on behalf of the respondents, the records in original have been produced. The said records bear ample testimony to the service of the several notices, on the petitioner, as mentioned in the impugned discharge order dated 30.10.2002. No evidence of submission of any reply by the petitioner including the communication, dated 12.9.2002 (Annexure 2 to the writ petition) is available in the records produced. That an enquiry in respect of the charges levelled was proposed is itself indicated in the show cause notice dated 7.8.2002, which the petitioner admittedly received. It is in the said facts that the denial of adequate opportunity, as has now been contended on behalf of the petitioner, has to be examined by the Court.