Ujjal Bhuyan, J.

By filing this petition under Article 226 of the Constitution of India, petitioner seeks quashing of order dated 29.09.2012 passed by the Director of Elementary Education, Assam, imposing the penalty of withholding of 5 annual increments with cumulative effect on the petitioner.

2. Petitioner is serving as Assistant Teacher in Bakrihowar MV School in the district of Hailakandi. By order dated 02.05.2011 passed by the Director of Elementary Education, Assam, he was placed under suspension. It was stated that following a preliminary enquiry, it came to light that petitioner was involved in illegal drawal of money as incremental benefit of 140 numbers of Assistant Teachers belonging to Middle Schools of Hailakandi district.

3. Thereafter, show-cause notice dated 14.02.2012 was issued by the Director under Rule 9 of the Assam Services (Discipline and Appeal) Rules, 1964 (1964 Rules) read with Article 311 of the Constitution of India as to why any of the penalties prescribed in Rule 7 of the 1964 Rules should not be imposed on him on the following two charges:

"1. That while you were serving as Asstt. Teacher at Bakrihawar MV School, you were involved in illegal drawal of incremental benefit of 140 Nos. teachers of Middle Schools under Hailakandi district. In this regard, an enquiry was conducted to enquire into the matter by the Govt. for drawal of illegal incremental benefit of teachers and the Enquiry Officer submitted the enquiry report wherein reveals that you had handover the copy of forged order No.EE(Plan)-80/2006/Pt-I/105 dated 29.03.2008 signed by the then District Elementary Education Officer, Hailakandi which was for allowing incremental benefit and crossing of EB and requested the District Elementary Education Officer to issue order for allowing incremental benefit on the forged order to the 140 No. teachers and accordingly the District Elementary Education Officer, Hailakandi had issued an order on 29.03.2008 and as a result of which huge amount has been lost from the Govt. exchequer for your personal interest.

You are therefore charged with misappropriation of Govt. money, misleading the authority, mala fide intention violation of Govt. procedure and rule for your personal gain.

2. That while you were serving as Asstt. Teacher at Bakrihawar MV School, you were involved in illegal act which has been reflected in the enquiry report submitted by the Govt. on 29.04.2011 wherein reveals that you had entered into the office chamber of the District Elementary Education Officer, Hailakandi unauthorisedly on 28.05.2010 and pressurised him to cancel the order issued on 20.05.2010 regarding recovery of drawn amount of incremental benefit and crossing of EB of 140 Nos. of teachers and when he expressed his inability to cancel the order then you had threatened him with dire consequences and for the same purpose you had again threatened him in his office chamber on 02.07.2010 which is great offence being a Govt. servant which you wilfully done such illegal activities for your personal gain.

You are, therefore, charged with involvement of illegal unauthorized activities such as criminal manner, mala fide intention, misappropriation of Govt. money which is unbecoming being a Govt. servant."

4. The show-cause notice was accompanied by a statement of allegation. It is stated that no list of witnesses and no list of documents were annexed to the said show-cause notice.

5. Petitioner submitted his reply on 23.03.2012 denying the charges framed against him. He requested the Director to exonerate him from the charges and to reinstate him in service.

6. It appears that reply of the petitioner was not accepted and enquiry was conducted against the petitioner by appointing Enquiry Officer and Presenting Officer. According to the petitioner, in the enquiry, evidence of certain witnesses were recorded but petitioner was not allowed to cross-examine them. What was the outcome of the enquiry was also not made known to the petiti