ANURADHA ADHIKARI SARMA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. H.K. Das, learned counsel for the writ petitioner. Also heard Ms. M. Bhattacharjee, learned Additional Senior Government Advocate, Assam, appearing on behalf of the State.

(2.) The petitioner herein, in an Officer belonging to the Assam Civil Service Grade-I (ACS Gr-I). During the course of her employment, the writ petitioner was posted as the Managing Director (MD) of the Assam Fisheries Development Corporation (AFDC). The writ petitioner was placed under suspension by order dtd. 09/02/2023 due to the departmental proceeding initiated against her. On 09/02/2023 itself, a show cause notice under Rule 9 of the Assam Services (Discipline and Appeal) Rules, 1964 (herein after referred to as the Rules of 1964) read with Article 311 of the Constitution of India was served upon her calling upon the petitioner to show cause as to why, any of the penalties prescribed under Rule 7 of the Rules of 1964 should not be imposed upon her.

(3.) The enquiry conducted into the charges brought against the petitioner have since been concluded and the Enquiry Officer has also submitted the Enquiry Report whereby, the charges have been held to have been established. It is the admitted position of fact that a copy of the Enquiry Report was forwarded to the petitioner, whereafter, she has also submitted her response in respect thereof. The Disciplinary Authority is, however, yet to take a decision on the question of penalty, so as to bring the disciplinary proceeding to its logical end.