GOPESH CH. SARMA Vs. STATE OF ASSAM

JUDGEMENT

(1.) The petitioner is an Audit Officer working at Guwahati Circle in the office of the Assistant Director of Audit (Local Fund), Assam. Issue arises with the Advertisement dated 1.12.2010, inviting applications in the prescribed form for appearing in the Departmental (Promotion) Examination, to be held by the Assam Public Service Commission (APSC), made open to the members belonging to the cadre of

(2.) To enable himself to apply and appear in the Departmental (Promotion) Examination, the petitioner had made application dated 15.10.2010 to the Respondent No. 4 for issuance of experience Certificate as an Audit Officer. Certificate dated 23.12.2010 was issued under the signature of the Joint Secretary to the Government of Assam, Finance (Estt.-B) Department, certifying that the petitioner have served as Audit Officer since the year 2006 under the Directorate of Audit (Local Fund), Assam and have completed more than 5 (five) years of service in the said capacity. The Certificate dated 23.12.2010 also made mention that the Department has no any objection to the petitioner appearing in the examination. Thereafter, petitioner submitted his application in the prescribed form on 28.12.2010. As against the Serial No. 4 of the Application Form, petitioner enclosed the Certificate in original received from the Finance Department.

(3.) By the APSC letter dated 29.9.2011, the petitioner was provisionally allowed to appear in the examination, however, subject to his furnishing certain documents as specified therein, which included an attested copy of the experience Certificate in proof of 5 years service, issued by the appropriate authority. This was followed by another letter of the APSC dated 14.10.2011, informing the petitioner that the experience Certificate enclosed to the application was not very clear, as the date of joining did not find mention. The petitioner was asked to furnish a clear experience Certificate mentioning the exact date of joining, issued by the Appointing Authority, on or before 31.10.2011. Accordingly, another Certificate dated 14.10.2011 came to be issued by the Finance (Estt.-B) Department, certifying that the petitioner has served as Audit Officer since 1.6.2006 in the concerned Directorate and has completed more than 5 (five) years of service in the said capacity.