NRIPENDRA NARAYAN CHOUDHURY Vs. STATE OF ASSAM AND 3 ORS REP BY COMMISSIONER AND SECY TO GOVT OF ASSAM
HIGH COURT OF GAUHATI
Nripendra Narayan Choudhury
State Of Assam And 3 Ors Rep By Commissioner And Secy To Govt Of Assam
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Achintya Malla Bujor Barua, J. -
(1.) Heard Mr. P. Kataky, learned counsel for the petitioner. Also heard Mr. D. Nath, learned Additional Senior Govt. Advocate for the respondent authorities.
(2.) The petitioner who was serving as an UDA in the Dairy Development Department of the Govt. of Assam was subjected to a disciplinary proceeding in respect of certain charges, which included opening of an illegal account in the UCO bank and making false entries in the cash book and also for withdrawal of an amount of Rs.3,00,00,000/- (Rupees Three Crore). Apparently, the said charge on its face value is a serious charge. It is stated that along with the petitioner another person namely, Dharanidhar Deka, who was the Deputy Director in the department was also investigated in connection with the same charge.
(3.) In the resultant situation, a disciplinary proceeding was drawn up against the petitioner and in the said disciplinary proceeding, the aforesaid Dharanidhar Deka was appointed as the Enquiry Officer. The Enquiry Officer submitted the enquiry report which is annexed as Annexure-9 page-42 of the writ petition. On the basis of the said enquiry report, an order dated 20.02.2013 was passed, by which, the DCRG & Leave Encashment benefit of the petitioner was permanently withheld by further providing that the petitioner is not entitled for regularization of the suspension period. The said enquiry report and the order dated 20.02.2013 imposing punishment on the petitioner pursuant to the disciplinary proceeding being DD/P1/35/5408(A) dated 11.09.2002 has been assailed in this writ petition.;
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