GUWAHATI, India, May 30 -- Gauhati High Court issued the following order on April 30:
1. Heard Ms. K. Malakar, learned counsel appearing on behalf of the appellant. Also heard Mr. H. K. Das, learned Standing Counsel, Gauhati High Court, appearing for the respondent nos. 2, 3 & 4.
2. The present Intra Court appeal has been instituted, presenting a challenge to an order dated 24.09.2024, passed by the learned Single Judge in WP(C) No. 6758/2022, dismissing the same.
3. The facts in brief requisite for adjudication of the issue arising in the present proceeding is noticed as under: - The appellant herein, who, at the relevant point of time was working as a Jarikarak (Process Server) in the establishment of the Sub-Divisional Judicial Magistrate (M), Bokajan, Karbi Anglong, was detailed on 14.08.2021 for doing preparatory works for celebrating Independence Day the next day in the said establishment. On 14.08.2021, an altercation having occasioned between the appellant and one Himangshu Sarma, an L.D.A working in the same establishment, a complaint came to be lodged against the appellant before the District & Sessions Judge, Karbi Anglong by said Himangshu Sarma on 16.08.2021.
The District & Sessions Judge, Karbi Anglong, on receipt of the said complaint and noticing the allegation leveled therein against the appellant, proceeded to seek an explanation in the matter from the appellant vide issuance of a show-cause notice dated 16.08.2021. The appellant, thereafter, on 21.08.2021, submitted his explanation to the said show-cause notice and therein, put forward his stand in the matter. Being not satisfied with the clarification given by the appellant in the matter, the District & Sessions Judge, Karbi Anglong, proceeded to institute a departmental proceeding against the appellant by issuing a show-cause notice dated 18.09.2021, invoking the provisions of Rule 9 of the Assam Services (Discipline and Appeal) Rules, 1964.The appellant herein, basing on the allegation leveled against him in the said show-cause notice was charged of having committed misconduct and failure to maintain discipline, proprietary and integrity in the office. He was also charged of acted in a manner unbecoming of a Government servant, violating the established norms and subverting the discipline in the office.
The petitioner, on receipt of the said show-cause notice dated 18.09.2021, submitted his reply thereto on 04.10.2021. The appellant, in his reply set out his clarifications with regard to the act alleged of him in the showcause notice and thereafter, sought apology for the altercation he had with said Himangshu Sarma and, had undertaken that he would control his anger and would not violate office decorum in future.
The Disciplinary Authority of the appellant not being satisfied with the contentions raised by the appellant in his show-cause reply, proceeded to direct for holding of an enquiry against the appellant in the matter and appointed a Enquiry Officer along with a Presenting Officer for the purpose. The Enquiry Officer, on conclusion of the enquiry, proceeded to submit his enquiry report on 11.03.2022 and therein, concluded that the appellant was found to be guilty of the charges leveled against him. The said enquiry report, on being forwarded to the appellant herein, he had vide his representation dated 07.05.2022, responded to the same. Thereafter, the Disciplinary Authority of the appellant, on consideration of the materials coming on record was pleased vide order dated 20.05.2022 to accept the findings recorded by the Enquiry Officer in the said enquiry report and proceeded to impose a punishment upon the appellant of withholding of 3(three) annual increments w.e.f., the date of the order i.e., w.e.f., 20.05.2022.
*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=bzPoyUlszYLCUcCpirIpqP0nK5lkcfsbme%2BP6pDYgLkWCspLNVZBkZM3s%2FVwnAXH&caseno=WA/102/2025&cCode=1&cino=GAHC010275902024&state_code=6&appFlag=)
Disclaimer: Curated by HT Syndication.
