GHANASHYAM RAJBONGSHI Vs. STATE OF ASSAM AND OTHERS

JUDGEMENT

(1.) Beard Mr. R.P. Sarmah, learned Sr. Counsel assisted by Ms. R. Devi. learned Counsel for the petitioner. Also heard Ms. R. Chakraborty. learned State Counsel representing he respondents.

(2.) By means of this writ petition, the petitioner has questioned the legality and validity of the Annexure-'H' order dated 17.7.2003 by which the disciplinary authority pursuant to a departmental proceeding, has imposed the penalty of stoppage of one increment on the petitioner. The petitioner has also challenged the enquiry report dated 8.4.2003 (Annexure-'G' to one writ petition), which was submitted by the Enquiry Officer in respect of the departmental enquiry drawn against the petitioner.

(3.) The petitioner, while was serving as the Secretary of the particular Gaon Panchayat (No. 7 Pub-Bahjani Gaon Panchayat) under Pubnalbari Anchalik Panchayat, was placed under suspension by Annexure-'A' order dated 6.6.2002. The order of suspension was followed by the charge-sheet dated 26.8.2002 issued under Rule 9 of the Assam Services (Discipline and Appeal) Rules, 1964 read with Art. 311 of the Constitution of India. Altogether 3 charges were brought against the petitioner. They are: