Minor penalties can be imposed without a full enquiry if the employee is notified of the charges and allowed to respond, as per the Assam Services (Discipline & Appeal) Rules, 1964.

JUDGMENT :

Suman Shyam, J.

Heard Mr. B. D. Das, learned senior counsel assisted by Mr. H. R. Das, learned counsel appearing for the writ petitioner. Also heard Mr. R. Dhar, learned Standing Counsel, Public Works Department, Assam appearing for the official respondents.

2. Being inter-alia aggrieved by the order of penalty dated 26.07.2021 issued by the Additional Chief Engineer, PWRD, Barak Valley, Silchar imposing major penalty upon the petitioner and also the subsequent order dated 09.03.2022 passed by the Appellate Authority partially allowing the appeal of the petitioner while maintaining the order of censure and adjustment of the period of suspension against the leave available to the credit of the petitioner, the instant writ petition has been filed.

3. The facts of the case, in a nutshell, are that the writ petitioner herein, while serving as Head Assistant in the office of the Executive Engineer, PWRD, Borkhola & Katigorah Territorial Road Division i.e. the respondent No.5, was subjected to proceeding for alleged misconduct. Initially, the petitioner was served with a show cause notice dated 20.05.2020 informing him of the alleged misconduct, calling for his written response within a specified timeframe. Accordingly, the petitioner had submitted his show cause reply. Thereafter, on 14.09.2020, a 2^nd show cause notice was issued to the petitioner indicating the charge brought against him along with a statement of allegations thereby projecting the penalties that are proposed to be imposed upon the petitioner. It appears that the writ petitioner did not submit any statement of defence/written statement against the 2^nd show cause notice dated 14.09.2020. Consequently, the impugned order dated 26.07.2021 was issued to him by imposing the following penalties :-

“1. Censure.

2. Reduction of his post from Head Asstt. to Senior Asstt. permanently with effect from 19/05/2020 at Grade Pay Rs.8000.00 per month under the Pay band of Rs.14000.00 to Rs.60500.00 with transfer to the office of the Executive Engineer, PWRD, Patharkandi & Ratabari Territorial Road Division, Ramkrishna Nagar.”

4. In the order dated 26.07.2021 it was further mentioned that the period of his suspension with effect from 19.05.2020 to the date of the order i.e. 26.07.2021, shall be treated as leave under the Revised Leave Rules of 1934 and the said period would be adjusted against the available leave in the credit of the petitioner.

5. Aggrieved by the order dated 26.07.2021, the petitioner had preferred an appeal under Section 15 of the Assam Services (Discipline & Appeal) Rules, 1964 (herein after referred to as the Rules of 1964) before the appellate authority. The appeal preferred by the petitioner was disposed of by order dated 09.03.2022. The operative part of the order dated 09.03.2022 is quorted herein below :-

“However,

(i) Considering Sri Debajeet Dev Roy’s submission that his indisciplinary rude behaviour were unintentional, that he has only 4 years left to retirement, that he will not repeat the undesired behavior and action, that he will work with the desired commitment and

(ii) Relying on good faith, it is decided to limit the action on him to the following :

i) Censure

ii) Treating his period of suspension from 19.05.2020 to 26.07.2021 as leave as per Revised Leave Rules, 1934 adjustable from the available leave at his credit as per the Revised Leave Rules, 1934.

The earlier office order No.06.2021-22 dtd. 26.07.2021 issued by Addl. Chief Engineer, PWRD, Barak Valley Zone is hereby abated with immediate effect.

With the above, the Appeal dtd. 12.08.2021 filed by Sri Debazeet Deb Roy, Senior Asstt. is disposed off.”

6. It is, thus, apparent from the order dated 09.03.2022 passed by the Appellate Authority that although the major penalty of reduction in rank imposed upon the petitioner was interfered with by the said Authority, yet, the penalty of censure was maintained. That apart, the order directing adjustment of the leave available to his credit against the