DHRUBAJYOTI TALUKDAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) 1. Heard Mr. G. Alam, learned counsel for the appellant. Also heard Mr. M. Choudhury, learned Counsel appearing for the Department of Higher Education as well as Mr. M. Khataniar, learned Standing Counsel, BTC.

(2.) This intra -court appeal has been preferred against the judgement and order dated 17/12/2013 passed in WP(C) No. 4759/2012, whereby the learned Single Judge had dismissed the writ petition filed by the appellant challenging the enquiry proceeding initiated against him as well as the order dated 20/11/2012, by means of which the penalty of dismissal from service was imposed upon him. The learned Single Judge had, however, converted the penalty of dismissal from service to "removal from service" so as not to affect his future employment prospect.

(3.) The facts of the case, in brief, is that the appellant was appointed as Assistant Professor of Zoology in Barama College in the year 2007 against a non - sanctioned post. While he was serving in the said post, the appellant had received an offer as Senior Research Fellowship (Fishery) by the Central Inland Fishery Research Institute (ICAR), Kolkata and the fellowship was up to 31/03/2011. Accordingly, the petitioner had joined the project on the basis of a certificate purportedly issued by the Principal of the College permitting him to do so. In that process, the appellant had remained absent from duty in the Barama College for several days. Such being the position and the college authorities not being satisfied with the reply of the appellant against the preliminary show cause notice, a charge memorandum dated 24/05/2012 was served upon the appellant containing 4 (four) charges requiring him to submit reply in respect thereof. The charges contained in the memorandum dated 24/05/2012 are quoted herein below: -