JUDGMENT B.K. Sharma, J. 1. Heard Mr. A.M. Bujarbaruah, learned counsel for the petitioner and Mr. U. Baruah, learned State counsel, ASTC. 2. Pursuant to a departmental proceeding initiated against the petitioner, he was removed from service by the impugned order dated 24.9.1994 (Annexure-I to the writ petition). Being aggrieved, the petitioner preferred a departmental appeal which was also rejected by Annexure-III, order dated 7.11.1997. Assailing the legality and validity of these two orders, the petitioner has approached this court invoking its writ jurisdiction. 3. The learned counsel for the parties submit that it is the admitted position that the petitioner was not provided with a copy of the enquiry report before passing the impugned order of removal from service with effect from 24.9.1994. Mr. Bujarbaruah, learned counsel for the petitioner submits that because of non-furnishing of a copy of the enquiry report the right of the petitioner was greatly prejudiced and as a consequence thereof, he could not submit any representation against the enquiry report which perhaps would have persuaded the departmental authority not to impose the extreme punishment of removal from service. His further grievance is that the appellate authority while entertaining the departmental appeal did not consider that aspect of the matter. 4. Ms. Baruah, learned counsel appearing for the Corporation fairly submits that the petitioner was entitled to a copy of the enquiry report enabling him to make a representation before passing the impugned order of removal. 5. In view of the statements made by the learned counsel for the parties and having regard to the admitted position that the petitioner was not furnished with a copy of the enquiry report, which would have entitled him to make a representation against the same, I hereby set aside the order of removal passed against the petitioner on 24.9.1994. Consequently, the order dated 7.11.1997 is also set aside. The matter is now remanded back to the departmental authority to start a De novo enquiry from the stage of furnishing a copy of the enquiry report to the petitioner. Upon such furnishing a copy of the enquiry report, the petitioner may make a representation urging all the grounds as may be available to him. Thereafter the departmental authority shall pass necessary orders in accordance with law.
Upon such furnishing a copy of the enquiry report, the petitioner may make a representation urging all the grounds as may be available to him. Thereafter the departmental authority shall pass necessary orders in accordance with law. If the petitioner is till aggrieved by any order to be passed by the departmental authority, he may prefer a departmental appeal as provided under the rules. Since the order of removal as well as the appellate order have been set aside on technical ground, I make it clear that the petitioner would not be entitled to any back wages. The de novo enquiry shall be initiated and completed within a period of six (6) months from the date of receipt of the copy of this order. The writ petition stands allowed to the extent as indicated above. No cost. Petition allowed