SYED WAZIHUDDIN AHMED Vs. STATE OF ASSAM

JUDGEMENT

(1.) In this application under Article 226 of the Constitution the Petitioner has challenged Annexure-XI order passed by the Secretary to the Government of Assam, Labour Department, Dispur, Guwahati (respondent No.2) and also the Annexure-XIV Judgment and Order dated 24.2.92 pased in Case No. 118/ATA/91 by Assam Administrative Tribunal affirming the reduction of rank issued by the 2nd respondent.

(2.) The case of the petitioner is that the petitioner was a holder of Diploma in Civil Engineering from the Assam Engineering Institute, Guwahati. In terms of an advertisement issued by the Assam Public Service Commission he applied for the post of Principal. The petitioner was appointed to the post of Principal at Industrial Training Institute, Guwahti in the scale of pay as per Annexure-I. Thereafter, he was transferred and posted as Principal at Industrial Training Institute, Nowgong and he joined the said posts on 21.10.1964 vide Annexure-III. By Annexure-VI the petitioner was asked to show cause why disciplinary action should not be taken against him under Rule 7 of the Assam Services (Discipline and Appeal) Rules, 1964 on the charges of allegatioins as mentioned in the said Annexure-VI show cause notice. The petitioner submitted reply to the show cause notice vide Annexure-VII denying the allegations. Thereafter an enquiry was held and the Enquiry Officer submitted his report. The Disciplinary Authority (respondent No.2) concurring with the finding of the enquiry report awarded punishment of the reduction of rank from the post of Principal to the next lower post by order dated 28.1.79 and pursuant to the said order the petitioner was demoted to the post of Mill Wright Foreman vide Annexure-XII. The petitioner preferred an appeal before the appellate authority and the appellate authority dismisssed the appeal by Annexure-XIII. Thereafter the petitioner approached the Assam-Administrative Tribunal. Gauhati by filing an appeal (Case No. 118 ATA/91 (8 ATA/81) vide Annexure-XIV. But: the said appeal was filed after the expiry of period of limitation and the appeal was rejected on the ground of limitation. Being aggrieved, the petitioner approached this Court under Article 226 of the Constitution by filing Civil Rule No. 220/82. This Court by judgment and order dated 26.6.89 allowed the writ petition by condoning the delay and directed the Tribunal to take up the matter on merit and the Tribunal after hearing the parties dismissed the appeal by judgment and order dated 24.2.92. Hence the present petition .

(3.) I have heard Mr. A. Das Gupta, learned counsel for the petitioner and Mr, A.H. Saikia, learned Senior Government Avovate , Assam for the respondents.