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2009 Supreme(Gau) 768
IN THE HIGH COURT OF GAUHATI (ITANAGAR BENCH)
Utpalendu Bikas Saha, J.
Mr. Tarun Kanti Chakraborty
Vs.
State of Arunachal Pradesh and Ors.
W.P. (C) No. 85 (AP) 2008
Decided On: 04.11.2009
Advocate Appeared:
For Appellant/Petitioner/Plaintiff: Surajit Dutta and S. Choudhury, Advs.
For Respondents/Defendant: K. Jini and S. Sarkar, Advs.
Headnote:
CCS Rules, 1964 - Rule 3 - Respondent has prayed for quashing/setting aside the impugned order of penalty - Board of respondent No. 3, decided to award punishment of forfeiture of 25 per cent of the amount of compensation due to be paid to the petitioner on account of serious violation of financial rules and procedures on his part, and also the decision of the Board appellate authority which was communicated to him vide letter - Held, As this Court set aside the impugned orders, this Court is bound to remit the matter back to the disciplinary authority for consideration of the matter afresh on merit - But having regard to the facts and circumstances involved in the instant case, particularly, as the alleged misconduct is pertaining to the period and by this time, the petitioner also suffered a lot being a retired employee and as informed by the Bar, almost all the witnesses have retired by now, it would not be proper for his Court to remit the matter again to the disciplinary authority - This Court, hopes and trusts, that naturally in consequence of the quashing of the orders is that the petitioner will be entitled to the money if any deducted from his pensionary benefits in view of the order of the disciplinary authority as approved by the appellate authority - Petition allowed.
U.B. Saha, J.
1. By this writ petition filed under Article 226 of the Constitution of India, the petitioner, a retired Divisional Manager, of Arunachal Pradesh Forest Corporation Ltd. (respondent No. 3), has prayed for quashing/setting aside the impugned order of penalty dated 16.10.2006 whereby and whereunder, the Board of respondent No. 3, decided to award punishment of forfeiture of 25 per cent of the amount of compensation due to be paid to the petitioner on account of serious violation of financial rules and procedures on his part, and also the decision of the Board appellate authority which was communicated to him vide letter dated 6.7.2009 (Annexure-11 to the writ petition) whereby and whereunder, the appellate authority maintained the order of the disciplinary authority and dismissed the appeal of the petitioner.
2. Heard Mr. S. Dutta alongwith Mr. S. Choudhury, learned Counsel appearing for the petitioner. Also heard Ms. S. Sarkar, learned Government Advocate for respondent No. 1 and Mr. K. Jini, learned Counsel for respondent Nos. 2 to 8.
3. The case of the petitioner, in brief, is that while the petitioner was holding the charge of Divisional Manager, Miao Project Division at Miao, under the respondent No. 3 i.e. Arunachal Pradesh Forest Corporation Ltd. (hereinafter referred to as 'APFCL' in short) he received a show-cause notice dated 13.9.2000 by which the respondent authority asked him to show cause as to why a disciplinary proceeding should not be initiated against him for misconduct and also why an action should not be taken against him for recovery of the losses sustained by the APFCL due to his negligence. The said show-cause notice was replied by the petitioner denying the allegation made therein. Thereafter, the respondent No. 4, having not satisfied with the reply of the petitioner, framed 2 Nos. of charges against him vide Memo dated 15.10.2001 (Annexure-3 to the writ petition), which are quoted hereunder:
Article-I.-That Shri T.K. Chakraborty, Divisional Manager, while functioning as Divisional Manager, Miao Project Division, Miao during the period from 5.6.1990 to 19.7.1996 failed to maintain absolute integrity and devotion to duty and allowed M/s. Sree Narottam Udyog, Deomali to lift the timber for a total quantity of 2066.720 cu. mt. at the rate prevailing at the time of original allotment by violating the instruction of PCCF/Govt. of Arunachal Pradesh and in process APFCL/Govt. exchequer has sustained loss to the tune of 46.52 lakhs and thus committed misconduct unbecoming of a govt. servant/corporation employee in contravention of Rule 3 of CCS (Conduct) Rules, 1964.
Article-II-That Shri T.K. Chakraborty, Divisional Manager, while functioning in the aforesaid office during the aforesaid period failed to raise revised bill in respect of M/s. Sree Narottam Udyog, Deomali to the tune of Rs. 46.52 lakhs during April 96 . when the issue was pointed out by the A.G. Shillong during their inspection on the accounts of Divisional Manager, Miao Project Division and thus committed misconduct unbecoming of a Govt. servant/corporation employee in contravention to Rule 3 of CCS (Conduct) Rules, 1964.
4. Against the aforesaid charges, the petitioner made a reply on 9.11.2001 (Annexure-4 to the writ petition) wherein he denied all the allegations. Thereafter, the petitioner received another memo of charges vide Memorandum No. FC/CON/17/98/878-79 dated 30.7.2002 alleging two Nos. of charges against him, which are quoted as under:
Article-I.-That Shri T.K. Chakraborty, Divisional Manager, while functioning as Divisional Manager, Miao Project Division, Miao during the period from 4.6.1990 to 19.7.1996 had violated the laid down-procedure of Govt. of Arunachal Pradesh/APFCL in raising the royalty bills against supplying a quota timber to the industries through self operating despite of clear cut instruction received from the higher authority and committed wilful insubordination or disobedience to the reasonable order
