HIRI KUMAR SAHOO Vs. STATE OF ASSAM AND ORS
HIGH COURT OF GAUHATI
Hiri Kumar Sahoo
STATE OF ASSAM AND ORS
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Achintya Malla Bujor Barua, J. -
(1.) Heard Mr. Y.S. Mannan, learned counsel for the petitioner. Also heard Mr. N. Sarma, learned standing counsel for the Education Department.
(2.) The petitioner served as the DEEO in the Sivasagar district during the period from 17.04.1990 to 15.12.1992. During the said period, there were certain illegal appointments being made in the Sivasagar district. As a consequence, the petitioner was served with a show-cause notice dated 15.09.1999, under Rule 9 of the Assam Services (Discipline and Appeal Rules) 1964 requiring him to show-cause as to why he should not be inflicted with any of the penalties prescribed in Rule 7 of the said Rules. The allegation made against the petitioner was that the petitioner was responsible for making 240 numbers of illegal appointments to the post of ME/M.V. School teachers in violation of the Rules. Consequent to such show-cause notice, the petitioner had given his reply and thereafter in the enquiry report submitted, the petitioner was exonerated all the allegations made against him. Accordingly, by an order of 01.01.2005 of the then Commissioner & Secretary to the Govt. of Assam in the Education Department, the disciplinary proceeding drawn up against the petitioner was dropped.
(3.) But nevertheless, the petitioner was issued with a further show-cause notice dated 07.05.2008 on the allegation that while he was working as the DEEO, Sivasagar, he had appointed 319 number of school teachers against the regular sanctioned post for a period of three months and that such appointments were made without any selection and were also contrary to the provision of the rules in force. Upon receiving his reply against the said showcause notice, an enquiry was held under Rule 9(6) of the Assam Services (Discipline & Appeal) Rules 1964 and consequently, an enquiry report dated 13.01.2009 was submitted by A.B. Md. Eunus, who was the then Secretary in the Education (Elementary) Department of the Govt. of Assam. But what is noticed is that subsequently by an order dated 20.02.2010, the same person A.B. Md. Eunus had passed an order of penalty whereby, a part of the pension of the petitioner amounting to Rs.500/- per-month was withdrawn. The said order of penalty dated 20.02.2010 has been assailed in this writ petition.;
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