AJIT SINGH, J.

1. Heard on admission.

In this intra-court appeal the State has questioned the validity of order dated 31.10.2013 passed by the learned Single Judge of this High Court in W.P. (C) No. 172/2008 to the extent he has held that penalty of reduction in rank imposed on respondent is shockingly disproportionate.

2. During the relevant period, respondent was working on the post of Junior Administrative Assistant with the appellant.

3. By show cause notice dated 22.7.2003, disciplinary proceedings were initiated against the respondent charging him with entering into conspiracy, defrauding and misleading the Government by incorporating misleading notes, pasting the original one in the file and incorporating the name of firm Motorola Limited with vested interest in contravention of Rule 3(i)(ii) and (iii) of the Assam Civil Service (Conduct) Rules, 1963.

4. The Respondent in his reply denied all the charges levelled against him and clarified that from 19.12.2001 to 3.1.2002 he was on earned leave, but on a telephonic request of Mr. Gagan Patar, the then Under Secretary to the Govt. of Assam, Home (A) Department, he had to visit the latter’s chamber on 27.12.2001 at about 11.30 a.m. And there he had to prepare a draft sanctioning letter with a note on the note sheet as per the direction and dictation of Mr. Gagan Patar, but without putting his signature anywhere as he was on leave on that day.

5. Since the reply of respondent was not found to be satisfactory, he was subjected to disciplinary proceedings.

6. After completing enquiry, the Enquiry Officer in his report has mentioned that witnesses Ramani Das, Shri Prabin C. Das, Shri Abinash Hazarika and Sadananda Bordoloi have testified against the respondent. The Enquiry Officer has also given a specific finding that the act of inclusion of the name of Motorola Limited in the sanction order was done as per conspiracy made by respondent, Abinash Hazarika, Gagan Chandra Patar and Chittaranjan Ojha with a vested interest. According to the Enquiry Officer respondent prepared the draft sanction letter and pasted the earlier one in the note sheet under direction of Mr. Gagan Patar when the former was on earned leave.

7. The Commissioner and Secretary to the Government of Assam, relying upon the enquiry report vide order dated 2.8.2007 imposed the penalty of reduction of rank on respondent demoting him to the level of Junior Administrative Assistant. Aggrieved, the respondent challenged the order dated 2.8.2007 passed in W.P. (C) No. 4095/2007 inter alia on the ground that non furnishing of enquiry report had caused serious prejudice to him. This Court agreed with the respondent and vide order dated 17.8.2007 quashed the order dated 2.8.2007 with a direction to the appellant to furnish enquiry report to him. A copy of enquiry report was therefore supplied to the respondent against which he made a representation. But the Commissioner and Secretary to the Government of Assam vide order dated 3.1.2008 again imposed the same penalty of reduction in rank on the respondent. Aggrieved, the respondent had to file W.P. (C) No. 182/2008 wherein he prayed for quashing of the order dated 3.1.2008.

8. The learned Single Judge by the impugned order has agreed with the disciplinary authority that the charge against respondent was found to be proved. The learned Single has however held that penalty of reduction in rank imposed on him was shockingly disproportionate. He has therefore directed the appellant to reconsider the penalty of reduction in rank and modify the penalty to one which is lesser than the reduction in rank. It is in this background the appellant has filed the present appeal.

9. The relevant paragraph 10 of the impugned order passed by the learned Single Judge wherein he has held that penalty imposed on the respondent is shockingly disproportionate and excessive reads as under:

“10. The admissions made by the petitioner that it was he who, on the instruction of Shri GC Pa