Dr. Dulumoni Sarma Vs the State of Assam and 5 Ors.

“ In the premises aforesaid, it is, therefore respectfully prayed that Your Lordships may be pleased to admit this petition, call for the records and be pleased to issue rule as to why a writ of certiorari may not be issued upon the second show cause notice dated 01.06.2024 (Annexure 16) and the same may not be quashed as the previous show cause dated 26.06.2020 (Annexure 8) is yet to be brought to a logical conclusion and/or further issue a writ of mandamus to the respondents/ the Screening Committee to divulge their logical and reasoned findings pertaining to the reply and documents already submitted by the petitioner in an expeditious manner and upon hearing the parties, make such rule absolute and/or be pleased to pass such order/s as Your Lordships may deem fit and proper.”

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3. A perusal of the said relief prayed for by the petitioner would bring to the forefront that the petitioner seeks quashing of a show-cause notice dated 01.06.2024 (Annexure-15) of the writ petition on the ground that an earlier proceeding instituted on the same issue vide issuance of a show-cause notice dated 26.06.2020 has still not been brought to its logical conclusion.

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4. This Court has perused the show-cause notice dated 26.06.2020 and the showcause notice dated 01.06.2024. This Court finds that the show-cause dated 26.06.2020 was

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in the form of explanation call only and did not had the effect of instituting a Departmental proceeding against the petitioner under the provisions of Rule 9 of the Assam Services (Discipline & Appeal Rules 1964). However, the notice dated 01.06.2024 (Annexure-16) of the writ petition is a notice issued invoking the provisions of Rule 9 of the said Rules of 1964 and accordingly, on issuance of the said show-cause notice dated 01.06.2024, a Departmental proceedings stood instituted against the petitioner. Accordingly, the Departmental proceedings having being found to have been instituted against the petitioner only with the issuance of the show-cause notice dated 01.06.2024, the same would not mandate an interference from this Court on the ground of the issuance of the earlier show-cause notice dated 26.06.2020, which has held, hereinabove, did not have the effect of instituting a Departmental proceedings against the petitioner.

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Accordingly, the challenge to the show-cause notice dated 01.06.2024 on the ground noticed hereinabove would not mandate an acceptance from this Court.

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5. Having drawn the said conclusion, this Court finds that the petitioner had already submitted her show-cause reply to the said show-cause notice dated 01.06.2024 and the issue involved is pending since 2020.

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Accordingly, while not interfering with the show-cause notice dated 01.06.2024, this Court directs the respondent authorities to take the Departmental proceedings instituted against the petitioner vide issuance of the show-cause notice dated 26.06.2020 to its logical conclusion and conclude the proceedings involved and pass final orders thereon, within a period of 6 (six) months from today.

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6. With the above observations and directions, the present writ petition stands disposed of.

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JUDGE

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Dr. Dulumoni Sarma v. the State of Assam and 5 Ors.

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Dr. Dulumoni Sarma v. the State of Assam and 5 Ors.

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