SUPRAKASH SARKAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) THE writ appeal is directed against the judgment and order dated 16. 6. 2008 passed by the learned Single Judge in WP (C) No. 1856 of 2008.

(2.) THE controversy involved in this case has a chequred history and the relevant facts which are necessary for disposal of this appeal are stated as follows :

(3.) AS directed by the court, a special meeting was convened on 13. 3. 2008, vide notification dated 7. 3. 2008 issued by the Deputy Commissioner, Dhubri, for consideration of no-confidence motion against the respondent No. 4. One of the requisitionists of the notice for no-confidence, namely Smt. Tulshi Tior, submitted a letter dated 6. 3. 2008 to the Deputy Commissioner, Dhubri, informing him that she had never submitted her resignation paper as Commissioner of Ward No. 11 nor had she singed any paper for her resignation. She expressed her apprehension that some of the papers which were signed by her for development works, could be used as her resignation paper and accordingly she requested the Deputy Commissioner not to accept any such resignation letter, if submitted by any person, under any circumtances without giving her an opportunity of being heard. In other words, the Deputy Commissioner was kept well informed as to the mischief likely to be created by vested interest.