Destiny has played a cruel joke with this petitioner. First he lost his wife, either she was murdered or committed suicide as claimed by the petitioner. As a fall .out of it, the petitioner has lost his job and it is this loss of job which is challenged in this writ application.

2. The brief facts are as follows: The petitioner is a Bachelor of Engineering. The petitioner in 1975 was appointed in the post of Technical Assistant (Grade I Civil) under the ONGC. In 1979, the petitioner was promoted to the post of Assistant Executive Engineer. It is claimed by the petitioner that on 16.4.79 his wife committed suicide. On 28.4.79 the petitioner was arrested on suspicion and subsequently released on bail. On 3.5.79 the petitioner was placed under suspension with effect from 28.4.79 by the Regional Director, ONGC, Nazira. The suspension was later on ratified by the higher authority. On 3.4.84, the suspension was revoked and the suspension period was regularised but the petitioner's service was terminated under Regulation 24 of the ONGC (Terms and Conditions of Appointment and Service) Regulation, 1975. The petitioner filed Civil Rule being Civil Rule No.283 of 1984 before this Court on 17.7.86. The High Court quashed the order of termination. However gave certain directions to the ONGC. On 19.1.88 a criminal case which was initiated as against the petitioner being Sessions Case No.11 (S-S)/87 under section 302 and 201 IPC and acquitted the petitioner and thereafter the petitioner requested the authority to reinstate in service as he was acquitted in the case but the same was not done by the respondents. The respondents initiated an enquiry against the petitioner on 3 (three) charges. The charges are as follows :

(i) He gave false information to the police to the effect that his wife had committed suicide.

(ii) He has caused death of his wife by assaulting her.

(iii) His conduct is not above board as per judgment of Hon'ble Sessions Judge, Sibsagar.

3. One Sri SP Basu was appointed as the Enquiry Officer and the petitioner submitted his reply to the charges. An enquiry report vide Annexure E was submitted on 23.9.89 by the Enquiry Officer. For better appreciation that enquiry report in its entirety is quoted below :

"Sub: Report on Enquiry against Shri JC Moridoloi, AEE (Civil) US, ERBC, Nazira.

In pursuance of Office Order No.8/l/79-D & A dated 6.7.88, Member (Tech.), Tel-Bhavan, Dehradun, UP, undersigned has been appointed as the sole Inquiry Officer to enquire into the charges levelled against Shri JC Mondoloi, AEE (Civil) US, ONGC, Nazira as described vide Memorandum No.8/l/79-D & A, dated 9.7,1988 of Member (Tech).

2. It is on the basis of the same order Member (Tech.) has also appointed Shri G. Mohan, Dy, Director (P&A), ONGC Nazira as Presenting Officer for the enquiry.

3. For better conduct of the case, there is need for proper dialogue and as such the Presenting Officer vide this office letter No.DVP/CE (CV31/88-89/6693, dated 7.11.88 was requested to be present on 16.11.88 at 10.00 AM in the Chamber of Chief Engineer (Civil) Dhansiri Valley Project, Bishnu Bhawan, Jorhat to discuss and formulate the modalities to conduct the enquiry.

4. The Presenting Officer could not turn up on 16.11.88 due to some unavoidable reasons for which another date at 10.00 AM on 14.2.89 was fixed in the Chamber of Chief Engineer (Civil), at Raj & Co. Building, Jorhat and intimation sent to him vide letter No. DVP/CE (C)/31/88-89/124, dated February 1st, 1989.

5. In this case also the Presenting Officer could not make himself available before the Inquiry Officer for which a definite date for enquiry at 10.00 AM of 8.3.89 was fixed in the Chamber of Chief Engineer (Civil), at Raj & Co. Building, JPR Road, Jorhat and necessary intimation were sent vide this office letter of even No. 153, dated 14.2.89.

6. The Presenting Officer did not turn up on 8.3.89 for which another date for enquiry fixed at 10.00 AM on 30.3.89 in the Chamber of Chief Engineer (Civil), Raj

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