BULBUL ROY Vs. STATE OF ASSAM AND 2 ORS
LAWS(GAU)-2018-11-68
HIGH COURT OF GAUHATI
Decided on November 20,2018

Bulbul Roy Appellant
VERSUS
State Of Assam And 2 Ors Respondents

JUDGEMENT

Sanjay Kumar Medhi, J. - (1.) Heard Mr. S. Chamaria, learned counsel for the petitioner and Mr. A.K. Thakur, learned counsel appearing on behalf of the respondents.
(2.) The grievance raised in this writ petition is against an order of penalty dated 08.09.2015 passed in a disciplinary proceeding against the petitioner by which it was directed for stoppage of two increments without cumulative effect. After being unsuccessful in the departmental appeal, the petitioner has approached this Court.
(3.) The background facts of the case may be narrated in a nutshell as follows: At the relevant time the petitioner was posted as a Circle Officer of Sonapur Revenue Circle. A show cause notice dated 05.06.2006 was served upon the petitioner on the following allegations/charges: "Reports were duly examined and forwarded by you vide letter No. SPR-LSP3/99/1899. Dated 4.12.2000. Letter No.SPR-LSP-3/99/1897. Dated 4.12.2000 and Letter No.SPR-LSP-3/99/1898. Dated 4.12.2000 in favour of Ahmed Hussain S/o Late Md. Mazid in respect of land measuring 4 bighas of Dag No.284/KP No.95, land measuring 3 bighas 0 Katha 12 Lochas of Dag No. 281/KP No.42 and land measuring 5 Bighas 2 Kothas 3 Lochas of Dag No.282/KP No.95 respectively showing his father one Md. Mazid in collusion with your land record staff. The purchaser Md. Ahmed Hussain is the S/o Md. Riazul Haque & neither belongs to protected class of people under Rule 160 of Chapter-X of Assam Land and Revenue Regulation, 1886 nor a permanent resident within the tribal belt since prior to its creation and due to your misleading/false report Shri Ahmed Hussain could obtain permission to buy the above land within the tribal belt. For your above acts you had not only adopted corrupt practices tempered with the original applications for land sale/purchase permission, caused harassment to general public and violated provision of chapter-X of Assam Land & Revenue Regulation, 1886 but also acted in a manner most unbecoming of a Govt. servant of your status and rank.";


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