Rajani Kanta Das v. The State of Assam and Anr

ORDER Date : 20.03.2024

Heard Mr. B. D. Konwar, learned Senior counsel assisted by Ms. S. Jain, learned counsel for the petitioner. Also heard Mr. G. Bordoloi, learned standing counsel, Co-operative Department for the respondents.

¶2While the petitioner was serving as Junior Inspector/Auditor of Co-operative Societies in the Office of the Registrar of Co-operative Societies Assam, a show cause notice dated 12.01.2023 was issued with charges of dereliction of duty, insubordination and willful disobedience of official order. The petitioner replied to the show cause notice on 23.01.2023. Thereafter, a disciplinary proceeding was initiated against the petitioner which culminated with the order dated 2nd of June, 2023, by which the petitioner was inflicted with a penalty of reduction to lower rank/grade of Junior Assistant (LDA) under Rule 7(iv) of the Assam Services (Discipline and Appeal) Rules 1964.

¶3Being aggrieved, the petitioner filed an appeal on 01.02.2024, before the Registrar of Co-operative Societies Assam. The appeal is yet to be disposed of till date.

¶4Accordingly without entering into the merits, the writ petition is disposed of directing the respondent No.2/ Registrar of Co-operative Societies/appellate Authority to consider and dispose of the appeal filed by the petitioner on Page No.# 3/3

01.02.2024, within a period of 1(one) month from the date of receipt of a copy of the order of this Court.

¶5Till the appeal is disposed of, one post of Junior Inspector/Auditor of Cooperative Societies shall not be filled up.

¶6With the above observations and directions, this writ petition is disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010056312024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/1568/2024o RAJANIoKANTAoDASo S/O-oLATEoRABIoRAMoDAS,o R/O-oHOUSEoNO.o21,oTRINAYANoNAGAR,o BELTOLA,oP.O.-oBASISTHA,o GUWAHATI-o781029,oASSAM.o (PRESENTLYoSERVINGoASoLOWERoDIVISIONoASSISTANT,oINoTHEoOFFICEo OFoTHEoDEPUTYoREGISTRARoOFoCO-OPERATIVEoSOCIETIES,oKAMRUP,o GUWAHATI). VERSUSo THEoSTATEoOFoASSAMoANDoANRo REPRESENTEDoBYoTHEoSECRETARYoTOoTHEoGOVERNMENToOFoASSAM,o CO-OPERATIONoDEPARTMENT,o DISPUR,oGUWAHATI-o781006. 2:THEoREGISTRARoOFoCO-OPERATIVEoSOCIETIES oASSAM oKHANAPARA oGUWAHATI o DISTRICT-oKAMRUP(METRO) oASSAM-o781022o AdvocateoforotheoPetitionerooooo:oMR.oBoDoKONWARoSR.oADV.o AdvocateoforotheoRespondento:oSC,oCOoOPoo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE LANUSUNGKUM JAMIR