The main legal point established in the judgment is the violation of the rule against bias in the disciplinary proceedings, leading to the imposition of a minor penalty of censure on the petitioner.

SUNITA GUPTA, J.

1. The petitioner–Pradeep Sharma, employed with Airport Authority of India (AAI) was transferred to Guwahati, Regional Headquarters, North-East region vide office order dated 23.10.2001 as Deputy General Manager (Land Management). He was entrusted with the responsibility of land management of entire North-East Region besides other responsibilities. A criminal case under Ss. 376 and 342 Indian Penal Code was registered vide FIR dated 07.08.2002 in Sessions Case No.260(K)02 before the Sessions Court, Kamrup, Guwahati on the allegations that prosecutrix alongwith her friend Jennifer had come to Guwahati. In the evening, she met with her friend from where they left with a boy and a man. They went to a room of Airport Authority building where she was confined and raped by the petitioner, while her friends stayed in the adjacent room. Prosecutrix managed to escape from there and went to the police station and lodged the FIR. After completion of investigation, a closure report was submitted by the Investigating Officer of the case. However, the Court took cognizance and the petitioner was put to trial. Ultimately, vide judgment dated 25.06.2003, the petitioner was acquitted primarily on the ground that prosecutrix or the other material witnesses did not appear in the case. The medical report also states that there was no evidence of sexual assault. After one year of the acquittal, the petitioner was served with a statement of Articles of Charges dated 04.06.2004 enumerating as many as 4 Articles of Charge against the petitioner. The Articles of Charges reads as under:-

“STATEMENT OF ARTICLE OF CHARGES FRAMED AGAINST SHRI PRADEEP SHARMA, DY. GENERAL MANAGER (LAND MANAGEMENT, AIRPORT AUTHORITY OF INDIA)

ARTICLE – I

Shri Pradeep Sharma while functioning as Dy. General Manager (Land Management) during the period of his posting in the O/o Regional Executive Director, NER, Guwahati had developed close contacts with one Shri Rana, an influential contractor of Imphal and with his assistance managed in getting a kidnapped contractor of M/s Kamla Constructions who was handling the work of resurfacing of runway and construction of isolation bay, released from insurgents.

Shri Pradeep Sharma by the above acts, had acted in a manner unbecoming of him as an employee of the Authority and also failed to conduct himself soberly and temperately while on official premises and also in public show proper respect and civility to all concerned and use almost endeavour to promote the interest of the Authority and to maintain and promote the good reputation thereof and thereby violated Regulations 4(1)(d) and 4(3) of the AAI (Employees Conduct, Discipline & Appeal) Regulations, 2003.

ARTICLE – II

Shri Pradeep Sharma while functioning as above and during the said period was in the habit of drinking alcohol and used to attend office in drunken condition which had effected his office work and efficiency as well as office discipline. Shri Pradeep Sharma thereby violated the Regulation 5(xii) of AAI Employees (Conduct, Discipline and Appeal) Regulations, 2003.

ARTICLE – III

Shri Pradeep Sharma while functioning as above and during the said period had developed closed contacts with contractors who were awarded contracts being executed under his supervision and used to entertain them at his residence after office hours thereby vitiating atmosphere of the AAI’s residential colony at Guwahati.

Shri Pradeep Sharma by the above acts had acted in a manner unbecoming of him as an employee of the Authority and also failed to conduct himself soberly and temperately while on official premises and also in public show proper respect and civility to all concerned and used utmost endeavour to promote the interest of the Authority and to maintain and promote the goo