HALADHAR KALITA Vs. STATE OF ASSAM

JUDGEMENT

(1.) The petitioner invokes the extraordinary jurisdiction of this court under Article 226 of the Constitution of India with a prayer to issue appropriate writ calling for the records of judgment and order dated 16.3.98 (under Memo No. JDJ. 63/96/54 dtd. 6.4.1998) passed by the Secretary to the Govt. of Assam, Judicial Department in the name of the Governor of Assam dismissing the appeal filed by the petitioner under Rule 15 of the Assam Services (Discipline and Appeal) Rules, 1964 (for short "the Rules").

(2.) The facts relevant for the purpose of disposal of the writ petition are : The petitioner was a Judicial Magistrate, 1st Class. The High Court vide its order dated 8.3.1989 placed him under suspension while he was working at Tinsukia. He was served with charge sheet vide Memo dated 31.5.89 as to why any of the penalties prescribed under Rule 7 of the said Rules should not be imposed upon him and was asked to show cause against the same. The charges relate to severe illegalities, irregularities and anornallies indulged in by the petitioner while discharging his duties as judicial officer. The allegation levelled against him was that he flailed to maintain absolute integrity and devotion to duty, thereby being guilty of gross misconduct.

(3.) The following charges were levelled against him alleging commission of illegalities, irregularities, anomalies and indulging in corrupt practices :