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S.N.PHUKAN
Akai Thadou – Appellant
Versus
North Cachar Hills Autonomous District Council, Haflong and Ors. – Respondent
Certainly. Based on the provided legal document, here are the key points:
The case involves a dispute regarding disciplinary proceedings against Shri Akai Thadou, a Deputy Chief Forest Officer, initiated by the North Cachar Hills Autonomous District Council (!) [14000157680001].
The disciplinary charges included misuse of official power, accepting illegal gratification, leaking official information, trespassing jurisdiction, and other misconducts related to his official duties (!) [14000157680002][14000157680013].
An inquiry report found some charges proved, specifically acts beyond jurisdiction and misconduct involving leaking information, but did not conclusively prove all charges (!) .
The proposed punishment by the authorities was to stop the petitioner’s increments and debar him from promotion, which was challenged as illegal because it combined two punishments, contrary to the applicable rules (!) (!) .
The relevant rule states that only one punishment—either withholding of increments or promotion—can be imposed, and not both simultaneously (!) (!) .
The court held that the proposed combined punishment was unlawful, as it violated the rules governing disciplinary actions (!) (!) .
The court directed the disciplinary authority to refer the matter back to the Executive Committee of the District Council for passing a lawful final order, ensuring that only one punishment is imposed and that the decision is made independently (!) (!) .
The petitioner was to be reinstated after the final order is passed by the competent authority (!) .
The court emphasized that the appointing authority must pass the final order and that the disciplinary process should adhere strictly to the rules regarding punishments (!) .
The case underscores the importance of following prescribed disciplinary procedures and rules, particularly the limitation to impose only one form of punishment for a single misconduct (!) (!) .
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2. Initially in the year 1960 the writ petitioner was appointed as Forester and thereafter in 1964 he was promoted to the rank of Forest Ranger. In the year 1974 the petitioner was again promoted to the post of Assistant Conservator of Forests. It has been alleged that by letter dated 20.12.74 vide Annexure 2 to the writ petition he was entrusted to deal with matters relating to timber operation. By order dated 10.9.90 he was appointed in the post of Deputy Chief Forest Officer vide Annexure 11. The petitioner has alleged that while be was posted as Assistant Conservator of Forests, he worked faithfully and diligently and thereby increased the royalty from timber for the District Council.
3. A show cause notice dated 3rd April, 1992 vide Annexure 13 was issued by the Principal Secretary of the NC Hills Autonomous District Council, Haflong asking the petitioner to show cause, inter-alia, as to why he divulged official information to public without going through the proper channel. He was also asked to show cause
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