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2025 Supreme(Gau) 287
THE HIGH COURT OF GAUHATI (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
DEVASHIS BARUAH, J
Dibya Jyoti Bora S/o Late Bipin Bora - Appellant
Versus
The State Of Assam And 2 Ors - Respondent
WP(C) 4256 / 2023
Decided On : 05-02-2025
For the petitioner(s):Mr. K N Choudhury Senior Advocate Mr. J Patowary
For the respondent(s): Mr. HK Das Standing Counsel Gauhati High Court
IMPORTANT POINT
Disciplinary proceedings cannot be initiated solely on anonymous complaints without verification; proper procedures must be followed to ensure accountability.
Headnote:
(A) Assam Services (Discipline and Appeal) Rules, 1964 - Departmental proceedings initiated based on anonymous complaints - Court held that initiation of proceedings solely on anonymous complaints is impermissible without verification or preliminary inquiry - The show cause notice and memorandum of charge were set aside as they lacked substantiated evidence. (Paras 33 , 34 )
(B) Legal principles regarding anonymous complaints - Anonymous complaints cannot be the sole basis for disciplinary action; proper verification is required to ensure accountability and authenticity. (Paras 26 , 28 )
(C) Procedural safeguards - The court emphasized the necessity of following established procedures for handling complaints against government employees to maintain integrity and fairness in disciplinary proceedings. (Paras 25 , 27 )
Facts of the case:
The petitioner, a Computer Typist, challenged the show cause notice and departmental proceedings initiated against him based on anonymous complaints alleging misconduct in handling case records. He argued that the complaints were baseless and lacked verification.
Findings of Court:
The court found that the show cause notice and memorandum of charge were issued without proper investigation into the anonymous complaints, rendering them invalid.
Issues: The main issues were whether departmental proceedings could be initiated based solely on anonymous complaints and the validity of the show cause notice and memorandum of charge.
Ratio Decidendi: The court ruled that disciplinary proceedings cannot be initiated solely on anonymous complaints without verification, emphasizing the need for accountability and proper procedures.
Result: The show cause notice and memorandum of charge were set aside, allowing for potential fresh proceedings based on verified materials.
JUDGMENT :
DEVASHIS BARUAH, J.
Heard Mr. KN Choudhury, the learned senior counsel assisted by Mr. J Patowary, the learned counsel appearing on behalf of the petitioner. Mr. HK Das, the learned counsel appears on behalf of the Gauhati High Court.
2. The present writ petition has been filed challenging the show cause notice dated 22.05.2023 issued by the District & Sessions Judge, Nagaon, Assam and the subsequent initiation of the departmental proceedings on the basis of memorandum of charges dated 30.06.2023.
3. The question which arises for consideration before this Court is as to whether on the basis of anonymous complaints, a departmental proceedings could have been initiated?
4. For adjudicating the said aspect of the matter, this Court finds it relevant to refer to the facts involved in the instant case. The record reveals that the petitioner herein was appointed as a Computer Typist in the Establishment of the respondent No.3 vide an appointment letter dated 22.08.2017. On 03.01.2023, the petitioner was suspended by the respondent No.3, pending a preliminary enquiry. Subsequent thereto, vide another order dated 31.03.2023, the said suspension order was extended by another 3(three) months contemplating initiation of departmental proceedings against the petitioner.
5. It is the case of the petitioner that the petitioner made various enquires and thereupon on 01.04.2023 was provided with two anonymous complaints dated 02.01.2023 and 03.01.2023 addressed before the authorities citing malpractice against various individuals in the establishment of the respondent No.3.
6. Be that as it may, as the suspension orders dated 03.01.2023 and 31.03.2023 continued, the petitioner filed a writ petition being WP(C)No.2352/2023 for setting aside the said suspension orders. In the said writ petition, notices were issued on 15.05.2023. It is the further case of the petitioner that immediately thereupon the petitioner was issued a show cause notice dated 22.05.2023 as to why the disciplinary proceedings should not be proceeded against the petitioner. The said show cause notice was issued on the basis of a complaints received and copies of the said complaints were attached to the said show cause notice. The petitioner on receipt of the said show cause notice submitted a reply on 06.06.2023, wherein it was categorically mentioned that the allegations leveled against the petitioner in those complaint petitions were purely baseless and not believable as the complaint petitions are anonymous itself. In addition to that, the petitioner also denied to the various allegations stated in the said show cause notice.
7. The record reveals that pursuant thereto, on 14.06.2023, the suspension order of the petitioner was revoked and it was further mentioned that the suspension period shall be considered after finalization of the departmental proceedings. Immediately thereafter, on 16.06.2023, the petitioner was transferred to the office of the Munsiff, Kaliabor, Nagaon. On 28.06.2023, the learned District and Sessions Judge, Nagaon issued the release order w.e.f. from the evening of 30.06.2023 so that the petitioner could join the Office of the Munsiff, Kaliabor. On 30.06.2023, a Memorandum of Charge was issued by the respondent No.3 on the basis of the allegations contained in the anonymous complaints and asking the petitioner to submit the written statement of defence within 15(fifteen) days from the date of receipt of the said Memorandum of Charge. Being aggrieved by the initiation of the show cause proceedings and the subsequent departmental proceedings on the basis of anonymous complaints, the instant writ petition has been filed challenging both the show cause proceedings as well as the departmental proceedings. In addition to that, the transfer order of the petitioner has been also assailed on the ground that the said order had been passed to victimize the petitioner.
8. Upon filing of the ins
