The authority has discretion to decide on the need for a regular enquiry based on independent materials, and the court's interference in such matters is limited.

1. This writ petition is directed against the Annexure-10, preliminary enquiry report dated 28.03.2014; Annexure-13 communication dated 23.07.2014 of the Government of Assam in the Political (Vigilance Cell) Department conveying the approval to initiate a regular enquiry against the petitioners both forest officials posted at B.I(E.O), Assam, Guwahati and the Annexure-14 communication of the same date i.e. 23.07.2014 of the same authority requiring the Additional Director General of Police, B.I (E.O), Assam to release both the petitioners from the B.I (E.O), Assam to facilitate proper enquiry with immediate effect. As indicated in the said communication, there is approval of the Chief Minister in the matter.

2. Referring to the aforesaid preliminary enquiry report dated 28.03.2014, it is the case of the petitioners that on a mere reading of the same, it is evident that there is no material against the petitioners to proceed with a regular enquiry and also requiring their shifting from the B.I (E.O), Assam. It will be pertinent to mention here that both the petitioners are forest officials working in the capacity of Forest Ranger and Forester, respectively. Before issuance of the impugned communications, they were posted in the office of the B.I (E.O), Assam.

3. As stated in the writ petition, the petitioner No.1 while was serving as in-charge Forest Ranger of Barpeta Road Range under North Kamrup Division, an enquiry was conducted in respect of his activities on the basis of which the Annexure-1 report dated 03.11.2002 was submitted. It appears that there were public allegations against the petitioner No.1 and the matter was enquired into by the Additional Deputy Commissioner, Barpeta. The action taken in the matter was recorded. The said enquiry was followed by further enquiry and a consolidated final P.R dated 03.08.2005 in reference to RE No.82(6)/2003 was submitted. By the report, it was conveyed that the assets acquired by the petitioner No.1 and his wife were proportionate to their known source of income. It was also recorded in the report that the persons who submitted the complaint did not furnish their address and thus could not be examined. Finally, it was recorded in the report that the petitioner No.1 did not inform the Government from time to time in respect of movable/immovable properties earned by him or his wife and thus violated the provisions of Assam Civil Services Conduct Rules, 1965 [Rule 11(2)]. Thus, it was held that he was liable for departmental action as public servant.

4. After the aforesaid report, the petitioner No.1 was warned to be careful in future and to refrain from violation of Government Rules and Procedures. The warning was communicated vide Annexure-3 letter dated 20.07.2006.

5. It appears that subsequent to the aforesaid developments, both the petitioners had been posted to B.I (E.O), Assam. While they were functioning in the said establishment, allegations were made against them. In this connection, the petitioners have referred to Annexure-9(T) complaint, on which there is endorsement of the authority dated 11.08.2013. As per the allegations made against the petitioners, both of them are engaged in sort of extortion in collecting money from the traders under threat. Along with the complaint, as many as 27 names from whom the petitioners allegedly and illegally collected money had been given.

6. It appears that based on the allegations made against the petitioners, an enquiry was conducted in the form of preliminary enquiry. Copy of the report thereof has been enclosed to the writ petition as Annexure-10 dated 28.03.2014. The enquiry was conducted by the Additional Superintendent of Police (Law), Vigilance and Anti Corruption, Assam. According to the report, both the petitioners have acquired huge immovable/movable properties. It has also been recorded that they have also shown misconduct while discharging their duties by taking illegal gratification. By