Back
2018 Supreme(Gau) 329
IN THE HIGH COURT OF GAUHATI
MICHAEL ZOTHANKHUMA, J.
N. CHAKHAI - Appellant
Vs.
STATE OF MIZORAM AND OTHERS - Respondents
Writ Petition (C) No. 154 of 2017
Decided On : 08-05-2018
For the Appellant : Mr. C. Lalramzauva, Sr. Adv, Mr. A.R. Malhotra, Ms. Emily L. Chhangte, Ms. Vanlalhriati, Mr. H. Zodinsanga.
For the Respondents: Mr. Samuel Vanlalhriata Chhangte, Govt., Mr. J.C. Lalnunsanga.
The judgment emphasizes the importance of adhering to natural justice principles and ensuring that the authority imposing a penalty does not deprive the individual of the right to appeal.
Headnote:
Natural Justice - Imposition of Minor Penalty - CCS (CCA) Rules, 1965 - Rule 22 of GFR, 2005 - Rule 3 of CCS (Conduct) Rules, 1964
Fact of the Case:
The petitioner challenged the imposition of a penalty for allowing deposit of government money into a personal account, citing procedural irregularities and lack of opportunity to cross-examine witnesses.
Finding of the Court:
The court found that the petitioner admitted to approving the deposit of government money into the personal account, and that no prejudice was caused by the procedural lapses. The court set aside the penalty due to the Appellate authority imposing it, depriving the petitioner of the right to appeal.
Issues: Procedural irregularities, lack of opportunity to cross-examine witnesses, and the authority imposing the penalty.
Ratio Decidendi: The court held that while there were procedural irregularities, the petitioner admitted to the charges, and the penalty was set aside due to the Appellate authority imposing it, depriving the petitioner of the right to appeal.
Final Decision: The impugned Order imposing the penalty was set aside, and the competent Disciplinary Authority was given liberty to pass appropriate orders based on the findings of the enquiry report and the representations submitted by the petitioner.
1. Heard Mr. A.R. Malhotra, learned counsel for the petitioner. Also heard Mr. Samuel Vanlalhriata Chhangte, learned Govt. Advocate for the respondent Nos. 1 & 2.
2. The petitioner by way of the present writ petition has prayed for setting aside the order dated 18.08.2017, issued by the respondent No. 2, by which the petitioner has been imposed with a penalty of withholding of increments of pay for a period of 3 (three) years without cumulative effect w.e.f 01.07.2013 under Rule 12 of the CCS (CCA) Rules, 1965 by the Governor of Mizoram.
3. The brief facts of the case is that a Memorandum of Charge dated 02.11.2011 was issued to the petitioner, asking him to submit his written statement of defense in respect of 2 Articles of Charge framed against him, which are as follows :
"ARTICLE-1
While Pu N. Chakhai was functioning as Project Director, DRDA, Saiha during May 2009-July 2009 a total amount of Rs. 6,08,000/- (Rupees six lakhs eight thousand) was passed under Administrative cost for purchase of a) LBD Centre Control Unit amounting to Rs. 2,87,900/- (Rupees two lakhs eighty seven thousand nine hundred) and b) Senate Conference Table, Conference Chair amounting to Rs. 3,20,100/- (Rupees three lakhs twenty thousand one hundred). Rs. 8,000/- (Rupees eight thousand) was paid in advance to the supplier. Rs. 6,00,000/- (Rupees six lakhs) was deposited in the personal saving account of Lalthankima, Junior Engineer cum Cashier with the approval of Project Director, DRDA which is against the Financial Rules.
By the above act Pu. N. Cakhai, MCS, Project Director, DRDA Saiha violated Rule 22 of the GFR, 2005 and Sub-rule (1) (i) (ii) of Rule 3 of the CCS (Conduct) Rules, 1964.
ARTICLE-II
Pu. N. Chakhai while functioning as Project Director, DRDA, Saiha, had issued approval for a huge amount of Govt. money amounting to a total of Rs. 4,60,00,000/- (Rupees four crores sixty lakhs) to be deposited in the personal account of Pu. Lalthankima, JE cum cashier, DRDA, Saiha for which he has no authority and is against the rules.
By the above act Pu. N. Chakhai, MCS, Project Director, DRDA, Saiha violated Rule 22 of GFR, 2005 and sub-rule (1) (i) (ii) of rule 3 of the CCS (Conduct) Rules, 1964."
4. The statement of imputation of misconduct or misbehavior in support of the Articles of Charge framed against the petitioner, are also reproduced below:
"ANNEXURE-II
Statement of imputations of misconduct or misbehavior in support of each article of charge framed against Pu. N. Chakhai, MCS, Project Director, DRDA, Saiha.
ARTICLE-I
That while Pu. N. Chakhai, MCS was functioning as Project Director, DRDA, Saiha, it was found that heavy cash transaction was made in the personal saving account of Pu. Laltlankima, Junior Engineer cum Cashier. In between 5.5.09 to 13.5.09 three deposits of Rs. 5,00,000/- (Rupees five lakhs), Rs. 99,000/- (Rupees Ninety nine thousand) and Rs. 25,000/- (Rupees twenty five thousand) and Rs.1,000/- (Rupees one thousand) on 22.07.2009 were made in the personal saving account of Pu. Lalthankima which is a huge deposit for a Junior Engineer. Investigation revealed that a total amount of Rs. 6,08,000/- (Rupees six lakh eight thousand) was passed under the Administrative cost for purchase of LBD Centre Control unit, Analog Extension cable including installation charge amounting to Rs. 2,87,900/- (Rupees two lakhs eighty seven thousand and nine hundred) and Senate Conference Table, Conference Chair amounting to Rs. 3,20,100/- (Rupees three lakhs twenty thousand and one hundred). Rs. 8,000/- (Rupees eight thousand) was paid in advance to the supplier and Rs. 6,00,000/- (Rupees six lakhs) was deposited in the personal saving account of Pu. Lalthankima, Junior Engineer cum Cashier as approved by the Project Director, DRDA and DC, Saiha. The Project Director has no authority to issue such order and using of personal account for the transaction of Govt. money is against the Financial Rules. It was further revealed that approval of DPAB w
