MUHIBAR ALI HAZARIKA Vs. UNION OF INDIA

JUDGEMENT

(1.) THE subject matter of challenge is the disciplinary action against the petitioner whereby he stands removed from service. The order of penalty dated 8. 1. 2006 was unsuccessfully assailed departmentally. The writ jurisdiction of this Court has been therefore invoked by the petitioner for redress.

(2.) I have heard Mr. A. M. Mazumdar, Senior Advocate assisted by Mr. F. K. R. Ahmed, Advocate for the petitioner and Ms. R. Borah, learned Central Govt. Standing Counsel for the respondents.

(3.) THE respondents in their affidavit in categorical terms have stated that the departmental proceeding was conducted in accordance with the prescriptions of Rule 27 in which the petitioner was afforded all reasonable oppotunities of participating therein. On the basis of the evidence on record which proclaimed that the charges were proved, the disciplinary authority being satisfied with the gravity of the proved imputations, inflicted the penalty of removal from service. The respondents have also endorsed the decision of the appellate authority in dismissing the appeal.