IMPORTANT POINT
The court emphasized the necessity of following procedural safeguards in disciplinary actions against employees, highlighting the importance of natural justice.

JUDGMENT :

(Suman Shyam, J.) :

Heard Mr. A. J. Atia, learned counsel appearing for the writ petitioner. Also heard Mr. J. Handique, learned Standing Counsel, Revenue & Disaster Management Department, Govt. of Assam appearing for the respondents.

2. The order of termination from service of the writ petitioner dated 17.11.2018 with retrospective effect from 11.08.2018, has been put under challenge in this writ petition. The brief factual background of the case is that in response to an advertisement notice issued by the Chief Executive Officer, Assam State Disaster Management Authority inviting applications for filling up 16 posts of Project Officer for Disaster Management (District HQ), the writ petitioner, being qualified for the post, had submitted his application and thereafter, he had taken part in the selection process. On conclusion of the selection process the petitioner emerged as a successful candidate and accordingly, vide engagement letter dated 24.12.2009, the petitioner was offered appointment as Project Officer under the Assam State Disaster Management Authority, stationed at Morigaon.

3. On receipt of the engagement letter dated 24.12.2009 issued by the Chief Executive Officer, Assam State Disaster Management Authority i.e. the respondent No.1, the petitioner had joined at Morigaon. Thereafter, he was transferred and posted under the District Disaster Management Authority (DDMA) at Karimganj and finally as Project Officer under the DDMA, Hailakandi. While serving as Project Officer, DDMA, Hailakandi the petitioner claims to have received a telephonic call on 20.08.2018 informing him that his ailing father, aged about 65 years, who was suffering from ortho-neurological problems, had suddenly fainted. On receipt of such information the petitioner rushed to his native village and thereafter, got involved in the treatment of his father which also included a trip to Guwahati. According to the petitioner, he had verbally apprised the authorities about the compelling circumstances under which he had to rush back home with a further intimation that he would soon submit leave application seeking leave for a period of one month with effect from 21.08.2018. Notwithstanding the same, a show cause notice dated 04.09.2018 issued by the State Project Coordinator, Assam State Disaster Management Authority was served upon the petitioner calling upon him to explain as to why, his service contract with the Assam State Disaster Management Authority should not be terminated for gross indiscipline and official misconduct on account of being unauthorisedly absent from duty with effect from 21.08.2018 till the date of issuing the show cause notice.

4. Upon receipt of the show cause notice dated 04.09.2018 the petitioner submitted his reply explaining the circumstances under which he had remained absent since 21.08.2018. In his reply, the petitioner had further stated that he would submit leave application seeking earned leave for one month with effect from 21.08.2018, supported by medical documents. In his reply the petitioner had also stated that he did not remained absent intentionally and therefore, it is not a case of misconduct or indiscipline. Notwithstanding the reply furnished by the petitioner, by issuing the impugned order dated 17.11.2018, the service of the petitioner had been terminated with retrospective effect from 11.08.2018. Aggrieved by the order dated 17.11.2018 the petitioner had preferred an appeal before the appellate authority. However, no relief was granted to him in the appeal. Hence, this writ petition.

5. By referring to the materials available on record, Mr. Atia, learned counsel for the writ petitioner has argued that the impugned order of termination from service is wholly arbitrary and illegal inasmuch as the same was issued without considering the show cause reply submitted by the writ petitioner. It is also the submission of Mr. Atia that the provisions of Assam Civil Service (Discipline & Appeal) Rules,