SHAHJAHAN ALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. M. K. Choudhury, learned Senior Counsel for the petitioner. Also Mr. N. Sarma, learned Standing Counsel for the Secondary Education Department.

(2.) The petitioner who was serving as a Headmaster of Isabpur High School was suspended by an order dated 28.09.2012 and thereafter a show cause notice dated 29.1.13 was issued containing the following charges:

(3.) The show cause notice clearly states that it was issued under Rule 9 of the Assam Services (Discipline and Appeal) Rules, 1964 (for short, 1964 Rules). When the show cause notice and the statement of allegation submitted along with is examined, it is noticed that nowhere in the show cause notice nor in the statement of allegation any mention is made as to the list of witnesses and documents upon which the disciplinary authorities seek to rely upon.