1. Heard Mr. S. Kataki, learned counsel for the petitioner and Mr. L.P. Sarma, learned Standing Counsel, Gauhati University.

2. Having regard to the subject matter of the writ petition and the order that is proposed to be passed, issuance of formal notice is considered not necessary and case is taken up for disposal at the motion stage itself.       

3. Petitioner is the Superintending Engineer of Gauhati University. By order dated 13.02.2014 issued by the Registrar of Gauhati University, petitioner was placed under suspension. Thereafter, show cause notice dated 12.04.2014 was issued to the petitioner asking him to show cause under Rule 9 of the Assam Services (Discipline & Appeal) Rules, 1964 read with Article 311 of the Constitution as to why any of the penalties prescribed in Rule 7 of the aforesaid Rules should not be imposed on the following charges:-

“1. That, while you were working as a University Engineer, you issued a Work Order No. F.25/07/4970 dated 15th of February, 2007 to M/S BMG informatics for installation and management of networking software and implementation and University Management Software and automation of Central Library asking them to start the execution of the work on or before 19.02.2007 in consultation with you and to complete the work within 20.05.2007 as per the stipulated period. But you did not take any steps to complete the work within 20th of May, 2007 as stipulated period in the Tender and the work is not yet completed.

From the records it appears that, no correspondence has been made with M/S BMG Informatics by you to complete it within 20.05.2007.

You are therefore charged with insubordination, inefficiency and negligence of duties.

2. That while you were working as a University Engineer, you gave your remarks on 20.12.2006 in the Comparative Statements placed before the Constitution Committee (CC) indicating that, the M/S BMG Informatics has accepted all the terms and conditions as mentioned in the Tender. In the Tender document published vide Tender dated 29.11.2006, it was specifically mentioned-

i) That, no advance payment will be made till submission of the System Study Report.

ii) 15% advance for System Development and System Testing, and System Acceptance Testing and duly certified by the authorized technical person of Gauhati University.

iii) 60% on installation, implementation and testing (performance study).

iv) 15% on monitoring, training and successful completion of the report, duly certified by the authorized technical person of the Gauhati University.

But while issuing the Work Order, you changed the payment terms stating-

a) Work Order communicated vide Memo No. F.25/07/4980-83 dated 15.02.2007 changed the payment terms as follows:

b) For Hardware and System Software: 90% delivery and balance 10% on installation of Hardware and System Software.

Application Software-e-IMS-web based University Management Module and System Software for University Management and Library Management.

1) An amount of Rs. 7,00,000/- will be paid after submission of the approval of the SRS.

2) An amount of Rs.17,00,000/- on delivery of Application of Software, as per the SRS report approval.

3) An amount of Rs. 3,00,000/- after completion of User Acceptance Testing of the Application Software.

4) An amount of Rs. 2,00,000/- after completion of the Training.

5) Tax, inclusive as per the currently prevailing rate.

6) Security Deposit-10% Security Deposit shall be deducted from the RA Bill as per the Gauhati University Rules.

7) Discount-8% will be deducted from the Bill as Discount offered in the Tender.

And thus, you had deviated the terms of payment from the original tender only to give undue benefit to the tenderer in colourable exercise of your power to achieve collateral gain.

You are therefore charged with gross misconduct, insubordination, violation of norms and procedure of the University causing huge pecuniary loss to the University Authority.

3. That, while you were working a