SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Article Pause Article
judgment-img

2017 Supreme(Gau) 1463

IN THE HIGH COURT OF GAUHATI
NELSON SAILO, J.
Rupa Pachani Kalita - Petitioner
Versus
State of Assam and Ors - Respondents
WP(C) No. 7103 of 2013
Decided On : 22-09-2017

Advocates:
Advocate Appeared:
For the Petitioner: Mr. R.C. Saikia
For the Respondent: Mr. M.R. Adhikari

Headnote:

Constitution of India, 1950 - Articles 311, 226 and 32 - Indian Penal Code, 1860 - Sections 342, 323, 384, 392, 506 and 34 - Illegal Sexual Activity - Criminal Case - Petitioner was appointed to post of Lower Division Assistant under Directorate of Sericulture Department and she joined post - She was confirmed to post vide order with effect - Being a married women you have a legal husband alive and you engaged yourself in illegal sexual activity with an advocate as a sex partner matter came to light in leading Newspaper - It may be noted that petitioner has been referred to as having been placed under suspension in said communication - Pursuant to submission of inquiry report a second show cause notice was issued to petitioner whereby Director of Sericulture Department enacted that based upon inquiry report a provisional conclusion has been taken for dismissing petitioner from service and therefore she was asked to reply within a period of days from date of receipt of notice by showing cause as to why she should not be removed from service - Along with second show cause notice inquiry report of Inquiry Officer was also enclosed - Held, Therefore same in my considered opinion cannot be termed as an honourable acquittal or petitioner being found innocent of charges so as to merit her reinstatement - However at same time departmental proceedings drawn up against petitioner having been found to be in violation of relevant provisions of Discipline and Appeal Rules order of dismissal from service imposed vide order in my considered view cannot be sustained - In result impugned order of dismissal and impugned order passed by appellate authority rejecting appeal of petitioner are hereby set aside respondents shall reinstate petitioner forthwith - In view of fact that departmental proceeding was initiated way back in year and completed in year I am not inclined to grant liberty to respondents to initiate de novo inquiry proceedings at this stage but at same time considering matter in its entirety petitioner shall not be entitled to back wages period between her dismissal and reintatement shall however be counted for purpose of pension - Petition stands allowed.

JUDGMENT :

1. Heard Mr. R.C. Saikia, the learned counsel for the petitioner and Mr. M.R. Adhikari, the learned Government advocate, Assam, for all the respondents.

2. The case of the petitioner may briefly be summarized at the outset.

3. The petitioner was appointed to the post of Lower Division Assistant under the Directorate of Sericulture Department and she joined the post on 1.7.19 94. She was confirmed to the post vide order dated 17.2.2004 with effect from 1.7.2003 (Annexure 1).

4. While she was serving in such capacity, the petitioner was served with a show-cause notice dated 30.6.2005 (Annexure 2), whereby, the following charges were made against her:

“(1) That while you were LDA in the Directorate of Sericulture, Assam, you did blackmail a Deputy Director of Sericulture, Assam, namely, Sri D.K. Saharia by forcibly kidnapping him by taking naked photographs jointly with him.

(2) You joined hand with an advocate, namely, Sri Pranjit Talukdar and forced Sri Saharia to sign a blank stamp paper demanding Rs. 50,000.

(3) You forced Sri Saharia to blackmail him sexually and took pornographic photograph with him.

(4) Being a married women you have a legal husband alive and you engaged yourself in illegal sexual activity with an advocate, named, Sri Pranjit Talukdar as a sex partner. The matter came to light in the leading Newspaper (Asomia Protidin) dated. 1.7.2004.

(5) You locked Sri D.K. Saharia in a room in the house of Sri Pranjit Talukdar and beat him with stick, rod and cricket bat, etc. You also abused Sri Saharia and took away his mobile phone and gold chain, etc., forcibly.

All these event were published in the local dailies, namely, (a) Dainik Agradoot, dated 30.6.2004, (b) Dainik Janambhumi, dated 30.6.2004, (c) Amur Asom, dated 30.6.2004, (d) Asomiya Agradoot, dated 1.7.2004.

(6) All the misdeeds done by you prove that you were engaged in illegal sexual activity with a view to earn easy money in unsocial and criminal ways which is unbecoming of a Government servant.

You are, therefore, charged with “Moral Turpitude” which leads to a crime of inherent baseness or violence.”

5. In consequence thereof as can be seen the petitioner was charged with “Moral Turpitude” and she was, therefore, asked to submit her written statement within 10 days. It was also provided that in case she wanted to inspect the documents, she should submit in writing to the Director of Sericulture within 7 days from the date of receipt of the communication and in which case she will be permitted 7 days time thereafter to submit her statement of defence. Along with show cause notice, the statement of allegations, list of documents and list of witnesses were attached therein. The petitioner then submitted her application for inspection of the documents vide letter dated 5.7.2005 (Annexure 3). Upon inspecting the documents the petitioner on 14.7.2005 (Annexure 4) submitted her reply to the show-cause notice denying the allegations made in the show-cause notice and with a request for a sympathetic consideration and human approach considering the fact that was revealed and that she may be allowed to continue her service on regular basis. She also prayed that necessary steps may be taken to punish Mr. D.K. Saharia and Mr. Pranjit Talukdar for trying to malign her reputation and outrage her modesty. After the show-cause reply was submitted by the petitioner, the appointed Inquiry Officer who was the Additional Director of the Sericulture Department submitted his inquiry report to the Directorate of the Sericulture on 28.2.2006 (Annexure 5) by enclosing documents, newspaper reports, photographs which were considered during the inquiry proceedings. It may be noted that the petitioner has been referred to as having been placed under suspension in the said communication. Pursuant to the submission of the inquiry report, a second show cause notice was issued to the petitioner on 16.2.2007 (Annexure 6), whereby the Director of Sericulture Department enacted that based u

































Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
whatsapp-icon Back to top