DWIJENDRA NATH CHOUDHURY Vs. STATE OF ASSAM

JUDGEMENT

(1.) THE writ petitioner by this writ petition has challenged the order dated 30.10.2000 passed by the Commissioner and Secretary to the Government of Assam, Personnel Deptt. (Personnel A) inflicting punishment of reduction in rank to the post of Lower Grade that is the ACS, Junior Grade from his present Grade of ACS Sr. Grade with immediate effect.

(2.) HEARD Mr. G.N. Sahewalla, learned Sr. counsel assisted by Mr. P. Bora, learned counsel for the petitioner and Mr. Gani, learned counsel appearing on behalf of the respondents.

(3.) MR . Sahewalla learned Sr. counsel for the writ petitioner submits that the impugned order awarding punishment is patently in violation of the principles of natural justice as no opportunity was ever granted to the petitioner to represent against the tentative view of the disciplinary authority about disagreeing the findings of the enquiry officer, which according to Mr. Sahewalla is available to the writ petitioner in view of the fact that the enquiry officer has found that the charges, levelled against the writ petitioner, have not been proved. Mr. Sahewalla, in support of his contention has relied upon the decision of the hon'ble Supreme Court in Punjab National Bank and Ors. v. Kunj Bihari Mishra, reported in (1998) 7 SCC 84.