Ujjal Bhuyan, J.

1. Delay condoned. Office to register this appeal.

2. This writ appeal is directed against the judgment and order dated 21.5.2012 passed by the learned Single Judge allowing the writ petition WP(C)No. 3255 of 2011 filed by the respondent as writ petitioner.

3. The background facts may be briefly noted.

4. Respondent is serving as Block Development Officer (BDO) and posted at Paschim Nalbari Development Block, Nalbari. A show cause notice dated 31.12.2009 issued by the Principal Secretary to the Govt. of Assam, Panchayat and Rural Development Department (who is the Disciplinary Authority) was served on the respondent. By the said show cause notice, it was alleged that the respondent while working as BDO, Silchar Development Block had withdrawn an amount of Rs. 12,00,000/- (Rupees twelve lakhs) from NREGA account and another sum of Rs. 4,00,00/- (Rupees four lakhs) from Indira Awas Yojana (IAY) account without any requisition from the concerned Junior Engineers and Gaon Panchayat Secretaries. Further allegation is that the respondent had withdrawn fund under NREGA by issuing self cheque on 5.3.2008 and hurriedly re-deposited the withdrawn amount on the next day. Similar charge was made in respect of withdrawal of IAY fund. Respondent was also charged with issuing two outstation cheques for Rs. 11.15 lakhs and Rs. 11 lakhs and Rs. 4 lakhs in favour of Smt. Parul Nath, who is wife of the respondent and working as Gram Sevika in Chakchaka under District Rural Development Agency (DRDA), Barpeta.

5. Respondent submitted his written statement dated 22.2.2010. He denied the charges levelled against him. Regarding withdrawal of money without requisition from the concerned authorities, he stated that a prior meeting of Gaon Panchayat Secretaries was held wherein requisition was made for release or funds under NREGA & IAY schemes expeditiously. Regarding withdrawal of funds from the Bank on 5.3.200S and re-deposit of the same on 6.3.2008, respondent stated that the relevant Govt. instructions regarding joint operation of the Bank accounts of the block was not brought to his notice. Prior to joining at Silchar, he was on leave and the office records were also not available. However, before disbursement, he confirmed the matter and when it come to his notice that the account of the block had to be jointly operated, he immediately deposited the withdrawn amount. Regarding drawal of funds under IAY for selected beneficiaries, respondent stated that when he found that no record was available regarding selection of such beneficiaries and that an enquiry was going on against the earlier BDO regarding anomalies in IAY, he deposited the amount withdrawn in the Bank on 6.3.2008. As regards allegation of issuing two outstation cheques in favour of his wife, respondent admitted that it was a bonafide mistake. He stated that it was his wife who had brought it to his notice about issuance of cheques to her. Thereafter, the respondent went to the concerned Bank and instructed the Bank Manager not to encash the cheques.

6. The Disciplinary Authority issued notification dated 22.3.2010 appointing the State Enquiry Officer, Assam as Enquiry Officer to enquire into the charges brought against the respondent. By the said notification, Shri Ratneswar Kalita, Superintendent of the Department was nominated as the Presenting Officer to present he case of the Department before the Enquiry Officer.

7. While the enquiry was going on, notification dated 4.5.2010 (Annexure-8 to the writ petition) was issued by the Deputy Secretary to the Govt. of Assam, Panchayat & Rural Development Department ordering that respondent would continue to hold the office of BDO in the same capacity without financial powers until further orders.

8. It appears that the Enquiry Officer completed the enquiry and submitted his report on 6.10.2010. The Disciplinary Authority, however, issued notification dated 20.11.2010 (Annexure-18 to the writ petition) stating that there a