DILIP DAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) The appellant assails the order dated 25.2.2002 passed by the learned Single Judge in WP(C) 565/2002 dismissing the writ petition in limine, rejecting thereby the challenge made to his removal from service. The petitioner a member of the Assam Judicial Service was by order dated 21.6.2001 issued by the Secretary, Govt. of Assam, Judicial Department, removed from service following a departmental proceeding. The departmental appeal was also dismissed.

(2.) We have heard Mr. A. K. Bhattacharjee and Mr. P. Pathak, Sr. Advocates, assisted by Mrs. P. Barman, Advocate for the appellant and Mr. B.C. Das, Sr. Advocate, assisted by Mr. S. Dutta and Smt. S. Roy, Advocates for the High Court.

(3.) The factual background in brief is necessary to better comprehend the competing arguments. The petitioner was recruited to the Grade III of the Assam Judicial Service in the year 1980 and was appointed as Judicial Magistrate cum Munsiff in the same year. He was thereafter promoted to Grade II of the Service by order/notification dated 7.4.92 and was posted as Chief Judicial Magistrate at Lakhimpur, North Lakhimpur. During his tenure as such, the High Court by order dated 19.12.95 allowed him to hold the charge of the office of the Sessions Judge and accordingly he continued to function both as the Sessions Judge and the Chief Judicial Magistrate, Lakhimpur, from 5.1.96 to 20.3.96 He was thereafter transferred and posted as Civil Judge, Senior Division, Cachar, Silchar, by order dated 6.3.97.