DIMBESWAR GOGOI Vs. STATE OF ASSAM, REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, EDUCATION DEPARTMENT, DISPUR, GUWAHATI AND OTHERS

JUDGEMENT

(1.) Heard Mr. A.K. Purkayastha learned Counsel for the petitioner and Mr. M. Dutta, learned Government Counsel representing the State respondents including Mr. T. Chutia, learned Standing Counsel. Assam Public Service Commission (for short, 'A.P.S.C.')

(2.) This is an application under section 226 of the Constitution of India seeking for issuance of writ or in the nature of certiorari or mandamus and/or any other appropriate writ or order or direction quashing and setting aside the judgment and order dated 21.3.2001 passed by the Assam Administrative Tribunal (for short, the Tribunal') in Appeal Case No. 32-A.T.A./99 whereby the appeal preferred by the petitioner was dismissed and thereby upholding the findings arrived at by the disciplinary authority in the matter of permanently withholding the pensionary benefit holding that the appellant did great misconduct by misusing his official power with further observation that the appeal preferred by the petitioner was beyond the jurisdiction of the Tribunal for not exhausting all the remedies available to the appellant/petitioner.

(3.) The brief facts leading to filing this writ petition may be noticed below :