JUDGMENT :

Achintya Malla Bujor Barua, J.

1. Heard Mr. A. Deka, learned counsel for the petitioner and Mr. SMT. Chisti, learned counsel for the respondents No. 1 and 2 being the authorities in the Secondary Education Department of the Government of Assam.

2. The petitioner is serving as a Progress Assistant in the Selection Branch of the Office of the Director of Secondary Education, Assam. By an order dated 05.12.2017, the petitioner was placed under suspension on the ground that several complaints were received from the teachers that while the process for promotion to the posts of Headmaster was being undertaken, the petitioner by virtue of the office he was holding, had involved in some anomalies in the selection. A preliminary enquiry was conducted and the enquiry report also revealed that some grave anomalies were committed by the petitioner during the process of selection for the posts of Headmaster/Superintendent and Assistant Headmaster/Assistants Superintendent.

3. In the process, a show-cause notice dated 16.05.2018 under Rule-9 of the Assam Services (Discipline and Appeal) Rules, 1964 (in short Rules of 1964) read with Article 311 of the Constitution of India was served on the petitioner asking him to show-cause as to why any of the penalties prescribed under Clauses (i) to (iii) of Rule 7 of the Rules of 1964 should not be imposed upon him.

4. The charges contained in the show-cause notice dated 16.05.2018 under Rule 9 of the Rules of 1964 is extracted as below:-

1. That while you were working in the SSB Branch and you were custodian of all records pertaining to interview/selection/recommendation and approval for appointment for the post of Headmaster/Superintendent and Assistant Headmaster/Assistant Superintendent, various representation were received from several teachers who had appeared for selection before the State Selection Board alleging about some anomalies in the process of selection. After preliminary enquiry conducted by a team of Senior officers it has come to light that the anomalies alleged to have been occurred during the process for selection for the post of Headmaster/Superintendent and Assistant Headmaster/Assistant Superintendent. It is been suspected for the prima facie that anomalies appears to have been done by you, since you were the custodian of all records.

2. That while you were Dealing Assistant in the SSB Branch you did not put up the relevant court orders etc. in connection with the Hon'ble High Court order dated 09-09-2016 passed in WP(C) No. 5388/2016 wherein there was a specific direction from the Hon'ble High Court not to filled up the post of Headmaster of Dekhania Ratanpur Navajyoti High School, Dist-Nalbari. Despite of the Court orders the Director of Secondary Education, Assam had to issue promotion order in favor of Sri Banamali Ch. Kalita. Had the matter been brought to the concerned authorities in due time, the promotion order could not have been issued. The matter leads to filing of contempt cases. This shows gross negligence of duty on your part.

5. The statements of allegation accompanying the show-cause notice dated 16.05.2018 under Rule 9 of Rules of 1964 is also extracted as below:-

1. That while you were working in the SSB Branch and you were custodian of all records pertaining to interview/selection/recommendation and approval for appointment for the post of Headmaster/Superintendent and Assistant Headmaster/Assistant Superintendent, various representation were received from several teachers who had appeared for selection before the State Selection Board alleging about some anomalies in the process of selection. After preliminary enquiry conducted by a team of Senior officers it has come to light that the anomalies alleged to have been occurred during the process for selection for the post of Headmaster/Superintendent and Assistant Headmaster/Assistant Superintendent.

It is been suspected for the prima facie that anomalies appears to have been done by you, since you were the c