Manas Pratim Haloi vs The State Of Assam And 4 Ors on 15 March, 2019

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Gauhati High Court

Manas Pratim Haloi vs The State Of Assam And 4 Ors on 15 March, 2019

Bench: N. Kotiswar Singh

                                                                    Page No.# 1/3

GAHC010054322019




                       THE GAUHATI HIGH COURT
  (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                          Case No. : WP(C) 1730/2019

         1:MANAS PRATIM HALOI
         AEC ROAD, ANGAD NAGAR PATH, HOUSE NO. 41, P.O. GAUHATI
         UNIVERSITY, P.S. JALUKBARI, DIST. KAMRUP(M), WARD NO. 02, PIN-
         781014.

         VERSUS

         1:THE STATE OF ASSAM AND 4 ORS.
         REP. BY THE CHIEF SECRETARY TO THE GOVT. OF ASSAM, DISPUR,
         GUWAHATI-781006.

         2:THE PRINCIPAL SECRETARY/ JOINT SECRETARY TO THE GOVT. OF
         ASSAM
          FINANCE (TAXATION) DEPTT.
          1ST FLOOR
          F BLOCK
          JANATA BHAWAN
          DISPUR
          GUWAHATI-781006.

         3:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM
          FINANCE (TAXATION) DEPTT.
          2ND FLOOR
          F BLOCK
          JANATA BHAWAN
          DISPUR GUWAHATI-781006.

         4:THE COMMISSIONER OF TAXES
          GOVT. OF ASSAM
          KAR BHAWAN
          G.S. ROAD
          DISPUR
          GUWAHATI- 781006.
                                                                                     Page No.# 2/3

             5:THE DEPUTY COMMISSIONER OF TAXES
              NAGAON ZONE
              GOVT. OF ASSAM
              COURT CAMPUS
              NAGAON- 782001

Advocate for the Petitioner    : MR A JAIN

Advocate for the Respondent : GA, ASSAM




                                     BEFORE
                     HONOURABLE MR. JUSTICE N. KOTISWAR SINGH

                                             ORDER

Date : 15-03-2019 Heard Mr. Somnath Das, learned counsel assisted by Mr. Ankur Jain, learned counsel for the petitioner.

2. Issue notice, returnable within 4(four) weeks.

3. Mr. S.S. Roy, learned Government Advocate accepts notice on behalf of respondent No.1.

4. Mr. D. Mazumder, learned Senior Additional Advocate General accepts notice on behalf of the respondent Nos.2 to 5.

5. Learned counsel for the petitioner has sought for suspending the impugned discharge order dated 12.02.2019 on the ground that the petitioner though, is presently not yet confirmed, the authority by invoking Rule 19(ii) of the Assam Taxation Service Rules, 1995 has discharged the petitioner. The authority by invoking Rules 19(ii) were under obligation to inform the deficiencies mentioned under the aforesaid Rule before the said Rule could be invoked, which was not done in the present case.

6. It is submitted that the Rule 19(ii) could be invoked only when there is a finding by the authority concerned that the employee was not initially qualified or he had not furnished correct information with regard to his appointment.

Page No.# 3/3 As such, since the aforesaid Rules 19(ii) could be invoked only on fulfillment of any of the aforesaid conditions, which would necessarily require giving notice to the employee of such deficiency, which has not been done in the present case, the impugned discharge order is ex-facie, illegal and as such deserves to be stayed.

7. Issue notice on the interim prayer which should be considered on 24.04.2019. Till then, impugned order dated 12.02.2019 shall remain suspended.

8. List the matter again on 24.04.2019.

JUDGE Comparing Assistant

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