ORDER :

1. Heard Mr. P.K. Roy, learned counsel for the petitioner. Also heard Mr. L.P. Sarma, learned Standing Counsel, Assam State Warehousing Corporation (ASWC), the respondent No. 2. Mr. Roy mainly challenged the enquiry report dated 4.8.2010 on the basis of which penalties were imposed on the petitioner due to following grounds:

(a) The enquiry officer conducted the enquiry by taking into consideration some irrelevant facts and documents which were not mentioned in the charge memo and the list of documents relied by the disciplinary authority.

(b) The departmental proceeding was initiated on the charge mainly involving the mode of functioning of the Managing Director who is incidentally the disciplinary authority of the petitioner. One of the witnesses from the management side produced a statement which was recorded by the said disciplinary authority in order to supplement evidence against the petitioner. Under such circumstance the disciplinary authority had influenced the enquiry officer with his predetermined mind that the petitioner is punished at any cost.

(c) The financial involvement and the recovery against the loss caused to the corporation are merely guess work inasmuch t