GUWAHATI, India, Nov. 25 -- Gauhati High Court issued the following order on Oct. 27:

1. We have heard Mr. S.K. Ghosh, learned Advocate for the appellant and Mr. H.K. Das, learned Standing Counsel, Gauhati High Court for respondent Nos.2, 3 and 4, Mr. P Saikia, learned Government Advocate appears for respondent No.1.

2. By the impugned judgment dated 18.02.2025 passed by a learned Single Judge of this Court in WP(C) No.7101/2022, the punishment imposed upon the appellant of withholding of 3(three) increments with cumulative effect for the remainder of her service tenure, was not interfered with by holding that this was not in the domain of judicial review.

3. It appears that the appellant, while serving as a Bench Assistant in the Court of Munsiff No.1- cum-Judicial Magistrate First Class, Nalbari, faced departmental proceeding with respect to an incident on 19.11.2019, when she handed over the hajiras to the Peon Lachit Deka to place with the respective case record.

4. The appellant was served with a charge-sheet alleging negligence in duty which led to disappearance of Court records.

5. The disciplinary proceeding was concluded and the Disciplinary Authority vide order dated 02.02.2021 imposed the punishment of withholding of 3(three) increments of appellant with cumulative effect for the remainder of her service tenure.

6. The learned counsel for the appellant submits that the learned Single Judge did not consider that the punishment imposed upon the appellant was too severe, considering the misconduct/negligence of performance of duty of the appellant. Such punishment would permanently affect her pay and pensionary benefits.

7. That apart, the learned Single Judge, it has been argued, did not take into account that there was no deliberate inaction on the part of the appellant or was there any finding on record about her regular reckless in handling of files. It was a solitary incident where the appellant had left the premises only to find the record of a case missing when she returned.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=A9S7c5LDIsB6RXaCf816x85GyYXaQ9KZr5%2BeLbYqGTkFw3dpuAc7LU1NKIBNpYq8&caseno=WA/346/2025&cCode=1&cino=GAHC010215072025&state_code=6&appFlag=)

Disclaimer: Curated by HT Syndication.