Rajib Dewri v. The State of Assam and 2 Ors. B

ORDER Date : 26/02/2024 Vijay Bishnoi, CJ

Heard Mr. H.K. Das, learned counsel for the review petitioner. We have also heard Ms. R.B. Bora, learned Government Advocate, Assam, appearing for the respondents. This review application is filed seeking review of the judgement dated 24/11/2017 passed by the Division Bench of this Court in Writ Appeal No. 324/2017. Vide judgement dated 24/11/2017, the Division Bench of this Court has dismissed the writ appeal filed by the applicant being aggrieved with the judgement dated 01/06/2017 passed by the learned Single Judge in WP(C) No. 3055/2011 whereby, the punishment imposed in the departmental proceeding against the review petitioner of removal from service has been upheld. Learned counsel for the review petitioner has submitted that the Division Bench has not taken into consideration the fact that the punishment imposed upon the review petitioner in the departmental proceeding is disproportionate to the charges proved. It is to be noticed that no such argument was advanced before the Division Bench at the time of hearing of the writ appeal. Otherwise also, having heard the learned counsel for the review petitioner and after going through the materials available on record, we are of the view that there was no error apparent on the face of the record in the impugned judgement. Taking into consideration the fact that the scope of review is very limited, we are of the opinion that there is no force in the review petition. The same is, therefore, dismissed.

JUDGE CHIEF JUSTICE

sukhamay Comparing Assistant

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