RABINDRA NATH BARMAN Vs. GAUHATI HIGH COURT

JUDGEMENT

(1.) HEARD Mr. P. K. Tiwari, learned Senior counsel, appearing for the petitioner. Also heard Mr. S. K. Medhi, learned Standing counsel, Gauhati High Court, appearing for the respondents.

(2.) THIS writ petition is filed praying for a writ of certiorari for quashing and setting aside the Show Cause notice dated 13.07.2015 (Annexure-5), issued by the Registrar (Administration) of the Gauhati High Court directing the petitioner, who is a Deputy Registrar of the Gauhati High Court (Itanagar Permanent Bench), to show cause, under Rule 23 of the Gauhati High Court Services (Appointment, Condition of Service and Conduct) Rules, 1967 (for short, 'the Rules'), read with Article 311 of the Constitution of India, as to why any of the penalties prescribed under Rule 22 of the aforesaid Rules should not be inflicted on him on the 5 (five) number of charges brought against him.

(3.) A preliminary affidavit for and on behalf of respondent Nos. 1 and 2, i.e., Gauhati High Court, through the Registrar General, and the Registrar (Administration), respectively, was filed on 03.05.2016 questioning the maintainability of the writ petition. Rejoinder affidavit was also filed by the petitioner against the preliminary affidavit of the respondent Nos. 1 and 2. Learned counsel for the parties had submitted that maintainability issue has to be decided and resolved at the first instance and, accordingly, addressed the Court on the issue of maintainability of the writ petition and, after hearing the arguments, the order on the issue of maintainability of the writ petition was reserved.