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IN THE HIGH COURT OF GAUHATI, AIZAWL BENCH
Michael Zothankhuma, J.
Sh. C. Lalzarliana – Petitioner
Versus
State of Mizoram & Anr. – Respondents
W.P(C) No. 67 of 2014
Decided On : 13-05-2016
For the Petitioner: Mr. Nelson Sailo, Mrs. Dinari T. Azyu, Mr. Victor L. Ralte, Mr. Vanhmingliani and Ms. K. Roland
For the Respondent: Ms. Melody L. Paachuau
Headnote:
Constitution of India,1950 - Articles 311 (2) and 226 – Indian Penal Code,1860 - Section 406/409/468/34 - PC Act. 1988 - Section 13(2) – Breach of trust - Civil Service - Construction work - Certificate for settlement - Notice - Petitioners counsel submits petitioner was appointed to post of Administrative Officer - Petitioner was appointed to Junior Grade of Civil Service and served as Block Development Officer - While functioning had been sanctioned for construction of Community Hall - Chairman of Community Hall Committee withdrew was withdrawn BDO - Money was spent for construction of hall - Lakhs was to be released on satisfactory completion of ongoing construction work after spot verification - Rural Development Department insisted for utilization certificate for settlement of sanctioned amount signed APR which was not actually released pending satisfactory progress of work done upon investigation and verification of work - Petitioner informed vide letter balance amount could be collected from his office during office hours - Petitioner was thereafter transferred out itself - Later came to learn that did not receive said letter and accordingly did not collect remaining balance - Petitioners counsel submits that subsequently, as outstanding amount had no been received for construction of Community Hall, a complaint was submitted, Adventure Club regarding non-payment of out of sanctioned Rs. 6 Lakh – Held, Court has stated that decision of Apex Court - Reported is an authority for proposition that advice of Union Public Service Commission, if sought and accepted - Regard being had to principles of natural justice, is to be communicated before imposition of punishment - Advice/opinion of MPSC given vide letter was not furnished to petitioner prior to issuance of impugned penalty Order - As impugned Order mentioned that MPSC had been consulted on quantum of punishment proposed to be imposed and as MPSC had given their opinion on same, opinion of MPSC has to be taken to be a part of decision making process of Disciplinary Authority while imposing penalty upon petitioner - Fact that no notice was issued to petitioner under Rule of CCS/CCA Rules with regard to opinion of MPSC, impugned Order cannot withstand scrutiny of law and same is set aside - Respondent authorities are at liberty to forward copy of advice of MPSC to petitioner and to allow him to submit a representation against same - Respondents may issue consequential Order/Orders in pursuance to disciplinary proceeding initiated against petitioner - Petitioners Revision petition has been rejected by respondents treating same to be an appeal - Rejection letter is cryptic and is benefit of all reasons - Administrative action must be informed by reason - Primary impugned order has been set aside, letter issued by the Under Secretary, Government is also set aside - Petition is allowed
Michael Zothankhuma, J.
Heard Mr. Nelson Sailo, learned senior counsel assisted by Ms. Vanhmingliani, learned counsel appearing for the petitioner. Also heard Ms. Melody L. Pachuau, learned Govt. Advocate appearing for the State respondents.
2. The petitioner's counsel submits that the petitioner was appointed to the post of Administrative Officer (Non-Gazetted) under the Govt. of Mizoram on 17.10.1980. The petitioner was thereafter appointed to the Junior Grade of the Mizoram Civil Service on 21.06.1999 and served as Block Development Officer (BDO) at Lunglei from 25.01.2000.
3. That while functioning as BDO, Lunglei. Rs. 6 Lakhs (Rupees Six Lakhs) had been sanctioned on 03.04.2000 for construction of Zobawk Community Hall. On 01.08.2000 Sh. H. Laltlanzauva, the then Chairman of Zobawk Community Hall Committee withdrew Rs. 2 Lakhs (Rupees Two Lakhs) from the BDO, Lunglei. Thereafter, another Rs. 2 Lakhs (Rupees Two Lakhs) was withdrawn on 23.02.2001 from the BDO, Lunglei. The above money was spent for construction of the hall.
4. That out of the said amount of Rs. 6 Lakhs (Rupees six lakhs), the balance Rs. 2 Lakhs (Rupees Two Lakhs) was to be released on satisfactory completion of the ongoing construction work after spot verification. However, since the Rural Development Department insisted for utilization certificate for settlement of the sanctioned amount, Mr. H. Laltlanzauva signed the APR for the remaining Rs. 2 Lakhs (Rupees Two Lakhs) on 26.02.2001, which was not actually released pending satisfactory' progress of the work done, that upon investigation and verification of the work on 28.03.2001, the petitioner informed Mr. H. Laltlanzauva vide letter dated 29.03.2001 that the balance amount of Rs. 2 Lakhs (Rupees Two Lakhs) could be collected from his office during office hours, the petitioner was thereafter transferred out in the year 2001 itself. However he later came to learn that Mr. H. Laltlanzauva did not receive the said letter and accordingly did not collect the remaining balance of Rs. 2 Lakhs (Rupees Two Lakhs).
5. The petitioner's counsel submits that subsequently, as the outstanding amount of Rs. 2 Lakhs (Rupees Two Lakhs) had no been received for construction of the Zobawk Community Hall, a complaint dated 09.9.2007 was submitted by Zopui Adventure Club regarding non-payment of Rs. 2 Lakhs (Rupee Two Lakhs)out of the sanctioned Rs. 6 Lakh (Rupees six lakhs).
6. In pursuance to the complaint submitted by Zopui Adventure Club, the Anti-Corruption Branch, Mizoram Police conducted an enquiry and as per the enquiry' report dated 14.11.2007. the BDO, Lunglei (petitioner) had drawn the remaining Rs. 2 Lakhs (Rupees Two Lakhs) by forging signature of H. Laltlan-zauva (Chairman of Zobawk Community Hall Committee) in the APR receipt No. 22 dated 26.02.2001. The enquiry report also stated that the petitioner, who was the erstwhile BDO. Lunglei at the relevant time sent Bank draft No. 617688 dated 29.10.2007 amounting to Rs. 2 Lakhs (Rupees Two Lakhs)to the incumbent BSO, Lunglei by speed post to cover the short fall of Rs. 2 Lakhs (Rupees Two Lakhs) out of Rs. 6 lakhs (rupees six lakhs). On 01.11.2007, the incumbent BDO. Lunglei handed over Rs. 1.95,000/- out of the Rs. 2 lakhs to the Vice Chairman, Zobawk Community Hall Committee. as the Rs. 5,000 out of Rs. 2 Lakhs (Rupees Two Lakhs) sent by the petitioner by Bank draft had been deducted for opening an account in the SBI, Lunglei. The enquiry report dated 14.01.2007 held that the missing Rs. 2 Lakhs (Rupees Two Lakhs) had been misappropriated by the petitioner and that Sh. H. Laltlan-zauva (erstwhile Chairman of Zobawk Community Hall Committee) was not involved in the misappropriation.
7. Thereafter, the Inspector, Anti-Corruption Branch, Mizoram wrote a letter to the SP. Anti-Corruption Branch to register a criminal case against the petitioner.
8. The Zopui Adventure Club thereafter, wrote a letter dated 29.08.2008 to the Chief Vigilance Officer, Mizor
