PHASSANG CHAYUM (KIPA) Vs. SECRETARY
LAWS(GAU)-2018-5-232
HIGH COURT OF GAUHATI
Decided on May 02,2018

Phassang Chayum (Kipa) Appellant
VERSUS
SECRETARY Respondents

JUDGEMENT

Ajit Borthakur, J. - (1.) Heard Mr. Jakir Hussain, learned counsel for the petitioners. Also heard Mr. Lissing Perme, learned standing counsel, Agriculture Department, for respondent Nos. 1 and 2; and Ms. Deepa Yoka, learned counsel, appearing on behalf of private respondent No. 3.
(2.) The petitioners, herein, were appointed as Agriculture Field Assistant (Jr.) [AFA(Jr.)'] on officiating basis under the Department of Agriculture, Government of Arunachal Pradesh vide Orders, dated 25.7.2017, by the Director of Agriculture, Government of Arunachal Pradesh. Accordingly, the petitioners joined on 26.7.2017. In the meantime, the Secretary (Agriculture), Government of Arunachal Pradesh, issued order, dated 4.9.2017, cancelling the entire appointment orders of the writ petitioners on the ground that the appointments so made, were without maintaining any transparency and observing the official formalities as per the provisions of the Recruitment Rules with immediate effect until further order. The grievance of the petitioners is that the original copy was also not communicated to the petitioners by the Department and their appointments were cancelled without giving any Notice, any reasonable opportunity of hearing and without initiating any departmental proceeding.
(3.) Mr. Hussain, learned counsel, submitted that Article 311(2) of the Constitution of India covers the officiating appointment of the petitioners. Article 311(2) reads as under : "No such person as aforesaid shall be dismissed or removed or reduced in rank except after an inquiry in which he has been informed of the charges against him and given a reasonable opportunity of being heard in respect of those charge." ;


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