SUBRATA TALKUDAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. K. Paul, learned counsel for the petitioner and Mr. K.C. Mahanta, learned Addl. Sr. Govt. Advocate on behalf of Respondent Nos. 1,2 & 3. Despite notice none appears for Respondent Nos. 4 & 5. However, as per office report these Respondents are duly served.

(2.) In this petition prayer has been made to quash the order dated 8.6.2000 (Annexure ' J' to the writ petition) passed by the Secretary, Laharighat, Samabai Samiti Ltd. (in short the Samity), whereby in reference to the Resolution No. 5 dated 14.4.2000 the petitioner was dismissed from service.

(3.) The brief facts necessary for adjudication of the writ petition are that the petitioner was working as Office Assistant in the said 'Samiti' from 20.2.1977 and while in service, he was alleged to have been involved in misappropriation of the fund, financial irregularities, dereliction of duties and also misappro priating the saleproceeds in'Samiti' for which petitioner was placed under suspension with effect from 18.5.96 but, he was not even paid his subsistence allowances for a period of three years and neither any charge sheet was served over him nor any disciplinary proceeding was initiated. When the petitioner challenged his suspension by way of Civil Rule No. 2997/97 the same was disposed of on 2.6.99 by this Court with a direction to the Secretary of the said 'Samiti' to complete the disciplinary proceeding against the petitioner within a stipulated time under the supervision of the Registrar of Cooperative Societies, Assam the Respondent No. 2.