JUGAL CHANDRA BORAH Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. U.K. Nair, learned senior counsel for the petitioner. Also heard Mr. R. Borpujari, learned standing counsel, Finance Department, appearing for all the respondents.

(2.) The petitioner was appointed as Assistant Audit Officer on 21.05.1994 and he was promoted to the post of Audit Officer in the year 2004. He was transferred as Audit Officer of Jorhat Circle by an order dated 28.5.09. Subsequently, in the month of March, 2014, the petitioner was transferred as Audit Officer to Karimganj, where he is still continuing.

(3.) The pleaded case of the petitioner, in short, is that the petitioner, while serving in Jorhat, was afflicted with Psoriasis. Because of the aforesaid illness, the petitioner had to go on leave on many occasions for various periods. On 08.05.2014, a show cause notice under Rule 9 of the Assam Services (Discipline and Appeal) Rules, 1964 (for short, "1964 Rules") read with Article 311 of the Constitution of India was issued requiring the petitioner to show cause as to why any of the penalties prescribed under Rule 7 of the 1964 Rules shall not be inflicted upon him on the charges and the statement of allegations indicated therein. In the said show cause, amongst others, it was noted that the petitioner was found absent from duty w.e.f. 08.08.2013 to 31.08.2013 without any information to the authority. It was also asserted that the petitioner had not submitted weekly diaries (i) w.e.f. 10.12.2011; (ii) 04.08.2012 to 30.3.13 and (iii) 03.06.2013 to 28.10.2013.