The court upheld the dismissal of a public servant for misappropriation of funds, citing the lack of violation of natural justice and the adequacy of the disciplinary proceedings.

JUDGMENT :

N. UNNI KRISHNAN NAIR, J.

1. Heard Mr. A F N U Mollah, learned counsel for the petitioner and Mr. K Konwar, learned Additional Advocate General, Assam, appearing for the State respondent.

2. The petitioner in the present proceedings has presented a challenge to an order dated 18.10.2012 issued towards imposing upon him the penalty of removal from service upon completion of a departmental proceeding instituted against him.

The petitioner, herein, was appointed as a Gaon Panchayat Secretary and while working in such capacity in Hatipukhuri Gaon Panchayat, his services as a Gaon Panchayat Secretary came to be regularized by the respondent authorities vide issuance of a Memorandum dated 10.06.2003. The petitioner was, thereafter, redeployed to Singimari Gaon Panchayat as its Secretary. While working as Secretary, Singimari Gaon Panchayat, the petitioner was placed under suspension vide an order dated 11.12.2007. The said suspension of the petitioner was so ordered in pursuance to an enquiry report submitted by the Block Development Officer, Rupahi Development Block, wherein, it was alleged that the petitioner, herein, had misappropriated huge amount of Government money, meant for Rural Development Program during his incumbency as the Secretary of Fakali Gaon Panchayat. Thereafter, the Director, Panchayat & Rural Development, Assam had instituted a departmental proceeding against the petitioner vide a show cause notice dated 29.09.2008. Three charges came to be leveled against the petitioner in the said show cause notice. The first charge was with regard to the misappropriation of Government money under IAY Schemes for the years 2004-2005 and 2005-2006 and under the SGRY Scheme for the year 2005-2006, while he was serving as the Secretary of Fakali Gaon Panchayat. The second charge leveled against the petitioner was with regard to the non-handing over of the accounts of Fakali Gaon Panchayat after he was transferred therefrom and appointed as Secretary of Singimari Gaon Panchayat. The third charge as leveled against the petitioner vide the show cause notice dated 29.09.2008 was with regard to the misappropriation of Government money earmarked and released for construction of IAY houses for the year 2006-2007 and 2007-2008, while he was serving as the Secretary of the Singimari Gaon Panchayat.

The petitioner submitted his written statement denying the allegations so leveled against him vide show cause notice dated 29.09.2008. The show cause reply submitted by the petitioner not being found to be satisfactory, the disciplinary authority of the petitioner directed for holding of a departmental enquiry in the matter with regard to the charges framed against the petitioner vide show cause notice dated 29.08.2008. On conclusion of the said departmental proceeding, the disciplinary authority of the petitioner vide order dated 18.10.2012 proceeded to impose upon the petitioner the penalty of removal from service along with a direction for recovery of an amount of Rs.5,25,000/- along with 24% compound interest from the petitioner, herein.

Being aggrieved, the petitioner, herein, has instituted the present writ petition.

3. Mr. Mollah, learned counsel for the petitioner has submitted that the order dated 12.11.2012 had come to the knowledge of the petitioner only in the month of August, 2014. Mr. Mollah, submits that the respondent authorities had not conducted any enquiry in the matter and had proceeded to issue the impugned order dated 18.10.2012, imposing upon the petitioner the penalty of dismissal from service. He submits that the order dated 18.10.2012 not being preceded by a departmental proceeding affording to the petitioner a due op