De novo inquiries lacking essential witness examinations violate natural justice principles, rendering dismissal decisions unlawful.

JUDGMENT :

SOUMITRA SAIKIA, J.

The petitioner before this Court is employed as Superintendent of Excise, Government of Assam. He was selected for appointment pursuant to a selection process conducted by the Assam Public Service Commission (hereinafter referred to as “APSC”). The petitioner topped in the merit list and after completion of his training, he joined in the year 1992. His first posting was in Barpeta as Superintendent of Excise. Thereafter, he was transferred to various places and he performed his duties to the best of his ability and without any complaints from any quarters. Because of his dedication to service, he had undertaken several research and studies into the various negative influences which had played the society. He submitted his report to the Government on the study in the research made. During his tenure of service, he was transferred and posted in various stations across the State. During his posting at Haflong, the Petitioner filed several representations before the authorities seeking his transfer to the district of Kamrup on account of his ailing parents who required medical treatment. After almost a lapse of one year, the Government of Assam, Excise department finally issued a notification dated 21.05.2015 by which the Petitioner was transferred and posted as Superintendent of Excise, Kamrup. The petitioner assumed his charge on 25.05.2015. Because of conspiracies hatched by one Shri Partha Pratim Phukan who was an applicant for a bar licence before the department and because of the non fulfillment of the Prescribed procedure, the application of the Shri Partha Pratim Phukan stood rejected by the petitioner. The said application was rejected as it was not accompanied by the application fee and the No Objection Certificate from the Guwahati Municipal Corporation, besides other documents as a result of which the said application could not be processed. Subsequently, the applicant filed another application before the authorities after obtaining the NOC from the GMC Authorities. As per the procedure, the concerned Inspector of Excise of the concerned zone was required to conduct an enquiry. On the basis of the enquiry report submitted by the concerned Inspector of Excise, the application of Sri Phukan stood rejected. Although the said Sri Phukan repeatedly requested for review of the orders passed for rejection of his application for license, the petitioner being a Superintendent of Excise did not have the power to review and recall the order of rejection as per the Rules. Since the application of the said Sri Phukan for the license was not issued, the said Shri Phukan continued to pursue the said progress and status of his application. In this regard, the said Shri Phukan used to visit the House of the petitioner without any invitation. In order to hatch a conspiracy against the petitioner, on 27.09.2016, the said Sri Phukan approached the petitioner in his residence without any invitation and tried to thrust some currency notes to the petitioner and thereafter instantly move away from his house. The Petitioner was shocked at the behavior of said Sri Phukan and rushed after him calling his name but immediately the officials of vigilance and anti corruption entered the parental premises of the petitioner and arrested him on27.09.2016.

2. It is the case projected on behalf of the petitioner that he became a victim of a conspiracy hatched by the said Shri Partha Pratim Phukan because the petitioner maintained high integrit