IMPORTANT POINT
Removal of a Lot Gaon Bura without specific allegations in the show-cause notice violates due process under Article 311 of the Constitution.

JUDGMENT :

Heard Mr. K. Das, learned counsel for the petitioner. Also heard Ms. N.Bordoloi, learned Standing Counsel, Revenue Department representing the respondent no. 1 and Mr. J. K. Goswami, learned Addl. Senior Government Advocate appearing for the respondent nos. 2 to 5.

2. The challenge in the present proceeding is to an order dated 20.07.2019, issued by the Deputy Commissioner, Dhemaji, removing the petitioner from the post of Lot Gaon Bura. The petitioner has also presented a challenge to an order 05.02.2021, passed by the Commissioner, North Assam Division, Tezpur, in an appeal so preferred against the order dated 20.07.2019. The issuance of an advertisement dated 29.07.2019, for filling up of the post of Lot Gaon Bura for the Lots involved, held by the petitioner, before his removal vide the order dated 20.07.2019, is also under challenge in the present proceeding.

3. The petitioner herein, was vide an order dated 05.09.2014, appointed as the Lot Gaon Bura for 04 villages namely, (i) Gogamukh Miri Gaon, (ii) Gogamukh Pomua, (iii) Gogamukh Nepali and (iv) Bali Gaon Kachari. The petitioner, on joining his engagement as Lot Gaon Bura for the villages in question, was discharging his duties in such capacity w.e.f., 06.09.2014. On 20.08.2018, one Mantu Konwar had approached the petitioner, requesting him to issue a Residential Certificate in his favour. The residence of said Mantu Konwar being disclosed to be in village Dhemaji and that he was temporarily residing at Silimpur in the house of one Ranjit Gogoi; and it was stated that the certificate was required in connection with opening a bank account at Gogamukh. Although the petitioner had initially refused to issue any certificate in favour of said Mantu Konwar, however, said Mantu Konwar had given an undertaking in writing in presence of 03 witnesses that he would not use the Residential Certificate for any other purpose, except for opening a bank account at Gogamukh. Accordingly, on good faith and based on the said undertaking, the petitioner issued an Inhabitant Certificate in favour of said Mantu Konwar on 20.08.2018, certifying therein that Mantu Konwar was an inhabitant of village Silimpur and he was well known to the petitioner. In the month of May, 2019, the petitioner came to learn from reliable sources that said Mantu Konwar had issued the certificate dated 20.08.2018, issued by the petitioner, as an address proof for the purpose of award of a Railway contract. The petitioner, on finding that the certificate issued by him was used by said Mantu Konwar for a purpose other than for which it was so issued, submitted a representation before the Circle Officer, Gogamukh Revenue Circle with a prayer for cancellation of the said Residential Certificate, issued by the petitioner in favour of Mantu Konwar. The said representation was followed by a further representation dated 01.06.2019 on the same count.

4. Poised thus, the petitioner, received a show-cause notice dated 04.07.2019 from the office of the Deputy Commissioner, Dhemaji and therein, it was alleged that the petitioner had issued a Residential Certificate to said Mantu Konwar, although he was not a resident of the area. Basing on the said allegation, the petitioner was charged with violation of duties and responsibilities of Gaon Buras’ as laid down in the Executive Instruction No. 164. On receipt of the show-cause notice, the petitioner submitted his reply on 11.07.2019 and therein, the petitioner had contended that the certificate was so issued to him basing on an undertaking given by Mantu Konwar in presence of 03 witnesses. It was further contended that the undertaking as given by said Mantu Konwar was that the certificate was required for the purpose of opening a bank account only.

Accordingly, it was submitted that the said act be excused.

5. The jurisdictional Deputy Commissioner, on receipt of the written statement of the petitioner, proc