The court emphasized the importance of complying with the provisions of the Nagaland Services (Discipline and Appeal) Rules, 1967 in disciplinary proceedings and highlighted the need to provide the delinquent employee with the opportunity to receive the inquiry report and make representations before imposing any punishment.

Heard Mr A. Zhimomi, assisted by Ms. H. Jakhalu, learned counsel for the petitioner and Mr L.S. Jamir, learned Addl. Sr. Government Advocate for the respondents.

2. The case in brief is that, while the petitioner was functioning as Sr. Treasury Officer at Dimapur, he was placed under suspension by order No. FIN/TA/4-4/98/ A, dated 17.8.98. Following the suspension, a disciplinary proceeding was drawn against the petitioner vide memorandum dated 13.8.98 enclosing herewith the Article of charges framed against the petitioner. The statement of Article of charges against the petitioner are as follows:-

"Statement of Article of charge framed against Shri Sukheto Chishi, Sr. Treasury Officer, Dimapur.

Article-I : That the said Shri Sukheto Chishi, while functioning as Sr. Treasury Officer, Dimapur during the period from 17.5.98 to 16.7.98 unauthorisedly passed several bills relating to GPF withdrawal amounting to Rs.53,58,7397- which was in clear violation and in defiance of the Government's instructions issued in this regard vide memorandum No. FIN/GEN- 22/97-98 dated 10th July, 1997. Article-II: That the said Shri Sukheto Chishi, while functioning as Sr. Treasury Officer, Dimapur on 6.11.97, passed fraudulent gratuity and commutation pension bills amounting to Rs. 10,29,364, knowing fully well that they were fake and fraudulent bills, on the plea that some miscreants forced him to do so at the point of gun.

Therefore, Shri Sukheto Chishi had failed to maintain absolute integrity and devotion to duty and had also acted in a manner unbecoming of a Government servant. Therefore, he is charged with violation of Rule 4 of the Nagaland Servants Conduct Rules, 1968.

Sd/- 13.8.98

(Lalthara)

Finance Commissioner

Govt. of Nagaland.”

3. Subsequently by another Office Memorandum No. FIN/TA/4-4/98 dated 18.8.98, the Article of Charge No. 2 against the petitioner was dropped. The remaining Article of Charge against the petitioner is only charge No. 1.

4. The petitioner by his letter dated 21.4.99 addressed to the Tribunal for Disciplinary Proceedings, Vigilance Commission prayed for supply of the related documents to enable him to defend in the inquiry, but without supplying the documents the Inquiry was conducted. On completion of the Inquiry, the Inquiry Officer submitted his report dated 14.^.99. According to the basis of the said inquiry report, the respondent No. 2 has issued the impugned order dated 14.6.2000 revoking the suspension order of the petitioner and imposed certain penalties on the petitioner. To make the matter clear, the said order dated 14.6.2000 is reproduced below:-

"Government of Nagaland

Finance Department

(Treasuries & Accounts Branch)

Order

Dated Kohima the 14th June, 2000.

No. FIN/TA/4-4/98: Whereas an order placing Shri Sukheto Chishi, Sr. Treasury Officer under suspension was made by the Governor vide order of even number dated 17.8.98;

And whereas a disciplinary proceedings against Shri Sukheto Chishi was ordered and charges framed vide office memorandum of even number dated 13.8.98;

And whereas the Inquiry Officer appointed to inquire into the article of charges against Shri Sukheto Chishi have found that the article of charges against Shri Sukheto Chishi have been partially proved;

And wherea's on a careful consideration of the inquiry report, the Governor has agreed the findings of the Inquiry Officer, and has come to the conclusion that Shri Sukheto Chishi has committed misconduct as defined under Rule 4 of the Nagaland Government Servants Conduct Rules, 1968;

Now, therefore, the Governor in exercise of the power conferred by Rule 6&7 of the Nagaland Services (Discipline and Appeal) Rules, 1967 hereby -

(a) revokes the order of suspension of Shri Sukheto Chishi and reinstate him in service with effect from the date of his assuming charge of his new assignment as Sr. Treasury Officer, Tuensang.

(b) orders that the period of suspension shall not be treated as duty except for pension