PRABHAT CHOUDHURY Vs. STATE OF ASSAM

JUDGEMENT

(1.) THE petitioner is aggrieved by the order of dismissal from service, which was imposed on him pursuant to a departmental proceeding.

(2.) THE petitioner while was serving as Sub-Divisional Housing Officer under the respondents was placed under suspension by office order dated 11. 8. 2000. Thereafter, the Annexure-C charge sheet dated 5. 1. 2001 was issued to him leveling two charges, which were reproduced below:

(3.) IN response to the aforesaid charges, the petitioner by representation dated 16. 1. 2001 while requested the disciplinary authority to drop the charges contended that the charge sheet being not accompanied with the list of documents and witnesses and that both the charges being vague and indefinite, the charges were not maintainable in law. As regards the allegation of encroachment of the land belonging to the respondents, it was the stand of the petitioner that the allegation that he had occupied the land through his wife Smti. Arati Bora was not correct inasmuch as at the time of construction of the house by Smti Arati bora, the petitioner had no relationship with her and their marriage took place much thereafter.