ATUL CHANDRA DUTTA Vs. STATE OF ASSAM

JUDGEMENT

(1.) HEARD Mr. A. Dasgupta, learned counsel for the petitioner. Also heard Mr. B. C. Das, learned Senior Counsel, assisted by Mr. D. N. Bhattacharyya, learned counsel for respondents.

(2.) IN this application under Article 226 of the Constitution of India, the petitioner has challenged the order dated 16. 02. 2005 issued by the Managing Director of Assam Agro Industries Development Corporation Ltd. , Guwahati, dismissing the petitioner from service and directing him to deposit an amount of Rs. 3,14,004. 99 with the Corporation. The facts in brief are set out hereunder.

(3.) THE Enquiry Officer submitted his report to the disciplinary authority on 16. 04. 2004, holding all charges against the petitioner proved. The second show cause notice dated 14. 06. 2004, along with the enquiry report was served upon the petitioner asking him to reply why the amount mentioned against charges No. 2,3,5,7 and 8 should not be recovered from him and appropriate action should not be taken against him with respect to charges No. 1,4 and 6. The petitioner submitted his reply on 29. 06. 2004, but the same was not found to be satisfactory and the respondent Managing Director, vide his letter dated 19. 10. 2004 directed the petitioner to show cause as to why he should not be dismissed from service and to deposit a sum of Rs. 3,14, 004. 99/- to the Corporation.