PROMILA BORO Vs. STATE OF ASSAM AND ORS.

JUDGEMENT

(1.) THIS Writ Application was originally filed by one Khagen Chandra Boro, who was an employee of this Registry and during the pendency of his application the Petitioner died and his wife and son were substituted in his place. The charge on (sic) Petitioner is at annexure -1 i.e. quoted below:

(2.) THE Petitioner filed his show cause and denied the charge so levelled against him and thereafter a regular enquiry was conducted against the Petitioner and he was dismissed from service vide Annexure -4 of the petition.

(3.) I have heard Mr S.A. Laskar, learned Counsel for the Petitioner as well as Mr D.P. Chaliha, learned Counsel for the Respondents, namely, Respondents 2, 3 and 4. The law with regard to an order of termination or punishment of an employee is that the court can not assume the role of crusader to strike down or quash each and every order of dismissal for minor infraction or violation of any or every Rule. It must be shown by the employee that for the infraction or violation of a particular rule prejudice has been caused to him. The touchstone is to find out the validity of such order on the anvil of prejudice caused by deviation from the laid down procedure. But in the instant case nothing has been stated in the Writ Petition which shows that the enquiry was not conducted in a proper manner. But no doubt the employee is entitled to his procedural safeguard and he can question the decision making process, a Writ Court cannot re -appreciate or re -assess the evidence, what it can look is the decision making process in exercise of power of judicial review. If the decision making process is fair, there is the end of the matter. No doubt, in exercise of power of judicial review the Court can look into other aspects of the matter i.e. whether the punishment imposed on the employee is inequitable or disproportionate to the gravity of the offence, that can be looked into or scrutinised in view of Article 14 of the Constitution of India. That is also not in case in hand.