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IN THE HIGH COURT OF GAUHATI
Biplab Kumar Sharma, J.
Sri Rajesh Prasad Gupta - Appellants
Vs.
The State of Assam, Represented by the Chief Secretary and Ors. - Respondent
WP (C) 7177/2013
Decided on : 25.03.2014
Constitution of India,1950 - Article 226(3) – Indian Penal Code,1860 - Section120(B)/465/468/471/420/409 - Criminal Procedure Code,1973 - Section 439 - Assam Municipal Act, 1956 - Section 229 – Offence of Criminal Conspiracy – Cheating - According to petitioner, aforesaid action on part of respondents is arbitrary, illegal, irrational and un-constitutional - Petitioner has alleged violation of Principles of Natural justice as copy of the enquiry report on basis of which impugned action has been taken was not furnished to him - It is the further case of petitioner that the allegations made against him in show cause notice are all ill-founded and not based on records - Petitioner has stated about Central Govt. projects, namely, Construction of 4 Nos. road including box culverts and pukka drainage in town for which financial assistance is to be given by Central Government under Non Lapsable Central Pool of Resources (hereinafter for short NLCPR) and same is required to be implemented by State Government - Cost involved in said project is Rs. 1424.77 lakhs - After observing the due formalities towards implementation of project, as claimed in writ petition – Held, administration of justice is to be freed from the narrow and restricted considerations which are usually associated with a formulated law involving linguistic technicalities and grammatical niceties - It is substance of justice which has to determine its form - Expression "natural justice" and "legal justice" do not present a watertight classification - It is the substance of justice which is to be secured by both and whenever legal justice fails to achieve this solemn purpose, natural justice is called in aid of legal justice - In case of a Government employee, he is normally placed under suspension if he is involved in a criminal case - Before parting with case records, Court place on record the displeasure of the Court in not taking any departmental action against erring officials indicated in the enquiry report referred to above (para 21) - It is also shocking as to how NIT could be shown published only in one copy of the news papers so as to avoid participation in tender process and to confine the same to a few favoured ones - Petition dismissed
Biplab Kumar Sharma, J.
1. The petitioner is aggrieved by his removal as the Chairman of Lakhipur Town Committee, Goalpara as per the provisions of Section 28 of the Assam Municipal Act, 1956. Such removal vide Annexure-22 notification dated 03/1/2013 of the Government of Assam in the Urban Development (T) Department under the signature of the Additional Chief Secretary was preceded by the Annexure-20 show cause notice dated 06/09/2013. For a ready reference, the show cause notice and the order of removal, both impugned in the writ petition are reproduced below:-
GOVERNMENT OF ASSAM
URBAN DEVELOPMENT DEPARTMENT
DISPUR :: GUWAHATI-6
No. UDD(T)210/2012/66
Dated Dispur the 6th September, 2013.
From: Sri S.K. Das,
Under Secretary to the Govt. of Assam, Urban Development Department.
To: The Chairman,
Lakhipur Town Committee,
Goalpara, Assam-783129.
Sub: Show cause under the provision of subsection (3) of section 28 of the Assam Municipal Act, 1956.
Ref: Enquiry in connection with Anomalies in Lakhipur Town Committee.
Sir,
With reference to above, you are given an opportunity to explain as to why action shall not be initiated against you under subsection (3) of Section 28of Assam Municipal Act, 1956 for the following charges.
1. You did not advertise the advertisement for the NLCPR project for an amount of Rs. 14.15 crore in two local daily newspaper which was required to be published under the guidelines. You tried to manipulate the advertisement by collecting one copy with the alleged advertisement in two news papers, namely, Assam Post and Dainik Agradoot.
2. It is found that the Lakhipur Town Committee executes works without following the Govt. guidelines of paper advertisement and website advertisement.
3. As you did not advertise the tenders in the News paper, therefore you have violated the Govt. Guidelines.
4. It is also found that you are not executing schemes as per Govt. guidelines and that too without proper supervision of schemes.
Hence you are charged with persistently omitting or refusing to carry out or disobeying the provisions of the Act and the Rules thereunder or lawful orders.
You are hereby asked to show cause as to why you should not be removed from the office of the Chairmanship of Lakhipur Town Committee under the circumstances mentioned above.
You should submit reply to the undersigned within 15 days from the date of receipt of the letter.
Yours faithfully,
Sd/- Illegible
Under Secretary to the Govt. of Assam,
Urban Development Department.
GOVERNMENT OF ASSAM
URBAN DEVELOPMENT DEPARTMENT
DISPUR :: GUWAHATI-6
ORDERS BY THE GOVERNOR
NOTIFICATION
Dated, Dispur the 3rd December, 2013
No. UDD(T)210/2012/104: On the basis of an enquiry conducted by Dr. U.N. Bora, IAS, Secretary to the Govt. of Assam, Urban Development Department regarding anomalies in advertisement for tender process of NLCPR project at Lakhipur, Goalpara, a show cause notice was issued to Chairman, Lakhipur Town Committee vide this Department's letter No. UDD(T)210/2012/66 dtd. 6.09.2013. The reply to the show cause was received from Chairman, Lakhipur Town Committee vide letter No. LTC. 26/2013/2 dtd. 18.10.2013, but the reply was not found to be satisfactory. Hence, the Governor of Assam is pleased to remove Sri Rajesh Prasad Gupta, Chairman, Lakhipur Town Committee from the post of Chairman, Lakhipur Town Committee as per Section 28 of the Assam Municipal Act, 1956.
The Deputy Commissioner, Goalpara is asked to give charge of Executive Officer to Circle Officer, Lakhipur Circle (Goalpara).
This order will come into force with immediate effect.
Sd/-
(V.B. Pyarelal)
Additional Chief Secretary to the Govt. of Assam,
Urban Development Department.
According to the petitioner, the aforesaid action on the part of the respondents is arbitrary, illegal, irrational and un-constitutional. The petitioner has alleged violation of Principles of Natural justice as the copy of the enquiry report on the basis of which the impugned action has been taken was not furnished to him. It is the fu
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