DINESH CHANDRA BEY Vs. STATE OF ASSAM

JUDGEMENT

(1.) The extra-ordinary jurisdiction of this Court has been invoked to annual the departmental proceeding initiated against the petitioner by the Memorandum of charges dated 21.9.2005/22.09.2005 issued by the Secretary, Assam Higher Secondary Education Council (hereafter referred to as the 'council') as well as, the impugned order of penalty of removal dated 1.12.2006 also by the same authority.

(2.) I have heard Mr. R. C. Saikia, learned counsel for the petitioner and Mr. K.H. Choudhury, Senior Advocate representing the Council being assisted by Mr. Sk. Mukhtar, Advocate.

(3.) The rival pleadings in short, are indispensable for appropriately appreciating the competing arguments advanced. The petitioner who, at the relevant time was serving as a L.D.A.- Cum-Typist with the Council and had been entrusted with the duties of Dealing Assistant pertaining to the works related to the H.S. 1st Year Examination, 2005 (for short hereafter referred to as 'Examination') in respect of the institutions of Cachar, Karimganj and Hailakandi Districts, was served with the aforementioned Memorandum of charges setting out the following imputations: