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IN THE HIGH COURT OF GAUHATI
Biplab Kumar Sharma, J.
Babulal Das – Appellants
Vs.
State of Assam and Anr. – Respondent
Civil Rule No. 6209 of 1998
Decided On: 03.03.2004
Natural Justice - Service Matter - Assam Services (Discipline & Appeal) Rules, 1964 - Rule 9 - Denial of opportunity to inspect documents - Perverse findings by Inquiry Officer - Bias of Disciplinary Authority - Pre-determined mind of Disciplinary Authority - Order of penalty quashed
Fact of the Case:
The petitioner, a UD Assistant, was served with a show cause notice under Rule 9 of the Assam Services (Discipline & Appeal) Rules, 1964, alleging various charges of negligence, disobedience, and misconduct. The enquiry proceeding resulted in the petitioner's removal from service.
Finding of the Court:
The court found that the denial of the opportunity to inspect relevant documents caused prejudice to the petitioner's defense. The findings of the Inquiry Officer were deemed to be based on no evidence and perverse. The Disciplinary Authority's bias was evident as he became a witness against the petitioner and acted with a pre-determined mind, resulting in a miscarriage of justice. The court quashed the order of penalty imposed against the petitioner.
Issues: The court framed issues related to the denial of inspection of documents, the perverse findings of the Inquiry Officer, the bias of the Disciplinary Authority, and the pre-determined mind of the Disciplinary Authority.
Ratio Decidendi: The court held that denial of the opportunity to inspect documents violated the principles of natural justice. It also found that the findings of the Inquiry Officer were based on no evidence and the Disciplinary Authority's actions indicated bias and a pre-determined mind, leading to a miscarriage of justice.
Final Decision: The court allowed the writ petition, quashed the impugned order of penalty, and directed the reinstatement of the petitioner in service within two months. The court did not grant back wages but allowed the periods of suspension and removal to be counted towards service benefits.
B.K. Sharma, J.
1. By this writ petition, the petitioner has made a challenge to the order dated 26.10.98 passed by the Chief Judicial Magistrate, Tinsukia removing him from service. Shortly stated the facts leading to the filing of the instant writ petition are as follows:
2. The petitioner at the relevant point of time was serving as UD Assistant in the officer of the Chief Judicial Magistrate, Tinsukia. He was served with a show cause notice dated 16.11.92 under Rule 9 of the Assam Services (Discipline & Appeal) Rules, 1964 read with Article 311 of the Constitution of India asking him to show cause as to why any of the penalties specified in Rule 7 of the said Rules should not be imposed on him. Altogether 6 charges were levelled against him which are as follows :
(1) That while you were serving as Bench Asstt. to the Chief Judicial Magistrate, Tinsukia from 29.5.91 till 31.8.92, you had kept concealed 237 Nos. of MV cases, 77 Nos. of C.R. cases Under Section 34 Police Act and 17 Nos. cases under the MBL Act., 4 Nos. of cases under AMW Act, 2 Nos. under P L Act and one case under C L Act, 4 Nos. of Forest cases and 41 Nos. of cases under the Assam Weights & Measures Act without taking any step and without reflecting them in the Court case Diary.
You are, therefore, charges with gross negligence of duty and misconduct.
(2) That while you were transferred from the Bench to office you were specifically ordered to prepare a list of all the cases and documents etc. in duplicate during the holidays of 29.8.92 and 30.8.92 and to hand over the same along with all the records and documents to the New Bench Asstt. Smti. Bhima Chetri on 31.8.92. But you disobeyed the direction and instead handed over the records and documents in a peace meal manner thereby creating disorderliness and chaos in the court works.
You are, therefore, charged with deliberate disobedience and direction of the Chief Judicial Magistrate, Tinsukia.
(3) That while delivering the case records on 1.9.92 to the new Bench Asstt. Smti. Bhima Chetri you failed to hand over her the records of GR 837/91 fixed on that date. Thereafter you have failed to trace out the said record and to hand over to the new Bench Asstt. Instead of repeated orders. The said records has since remained untraced.
You are, therefore, charged with causing disappearance of the records of Case No. GR 837/91.
(4) That while you were serving as Bench Asstt. of the Chief Judicial Magistrate, Tinusukia you had deliberately withheld the case diaries of Case No. GR 845/95 and GR 723/92 although, several dates were fixed for copies and the accused persons were regularly produced from Hazot.
You are, therefore, charged with gross negligence of duty.
(5) That while you were serving as Bench Asstt. You had received the Food samples of Case No. CR 11/92 and CR 19/92 from the Chief Medical & Health Officer, Tinsukia on 12.3.92, along with letter No. 1316 dtd. 12.3.92, but kept the said letter and the two samples concealed till your handing over charge to the new Bench Asstt. With the intention to frustrate the ends of justice by helping the accused of the said two cases.
You are, therefore, charged with gross misconduct which renders you unfit for Govt. service.
(6) That you on 19.9.92 handed over the documents and the register of Case No. GR 563/82 to the new Bench Asstt. And obtained her signature in the list of cases showing that you on handed over the original records of case No. GR 563/82 also without actually handing over the said records of case No. 563/82.
You are, therefore, charged with causing disappearance of case No. GR. 563/82 which renders you unfit for Govt. service.
3. The show cause notice was issued by the Disciplinary Authority i.e. the Chief Judicial Magistrate, Tinsukia, who was also cited as a witness in the list of witnesses annexed to the show cause notice. On receipt of the show cause notice, the petitioner submitted his show cause reply dated 4.3.93 denying the allegations levelled agains
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