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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
SOUMITRA SAIKIA
Jyotirmoy Choudhary S/o Late Chittranjan Choudhury – Appellant
Versus
State of Assam – Respondent
JUDGMENT :
SOUMITRA SAIKIA, J.
1. Heard Mr. R.P. Sarmah, learned Senior Counsel for the petitioner. Also heard Mr. K. Konwar, learned Addl. Advocate General for the respondent P&RD.
2. The petitioner before this Court by way of the present proceedings prays for setting aside the disciplinary proceedings, the order passed by the disciplinary authority dated 11.04.2013 and the consequential order of removal from service dated 26.04.2013.
3. The essential facts in the present lis are that the petitioner, at the relevant point in time was serving as an Extension Officer (Panchayat) as well as In-charge Block Development Officer of Katigorah Development Block under the Director of Panchayat and Rural Development, Panjabari, Guwahati. For alleged misappropriation of Rs.10,41,190/- (Rupees Ten Lakh Forty One Thousand One Hundred Ninety) in implementing a scheme under I.A.Y. for the period of 2006-2007, the petitioner was placed under suspension pending drawal of departmental proceedings by order dated 13.06.2008 bearing Memo No. RDD/125/2007/72-A. By show cause notice No.PDDE(II)25/2008/11-13 dated 19.07.2008, the petitioner was served with a show cause notice under Rule 9 of the Assam Servic
An employee cannot successfully challenge disciplinary action due to non-supply of inquiry report unless they demonstrate actual prejudice, particularly when alternative remedies are available.
It is a duty of Inquiry Officer to scan entire evidence in order to arrive at a finding after judging case of all the parties, adhering to the principles of natural justice, otherwise, inquiry is vit....
The disciplinary authority must provide reasons for disagreeing with an Inquiry Officer's findings to uphold natural justice.
The principles of natural justice require that a delinquent employee be given a copy of the preliminary enquiry report before the disciplinary authority arrives at its conclusions with regard to the ....
A major penalty cannot be imposed without following procedural requirements, including providing an opportunity for defense, as per the Assam Services (Discipline and Appeal) Rules.
The court ruled that failure to provide inquiry reports and examine witnesses violates natural justice, rendering disciplinary actions arbitrary and illegal.
Point of Law : It would not be safe to rely on the examination-in-chief recorded which was not subjected to cross examination before the summon was made.
The failure to supply the enquiry report and show cause notice caused prejudice to the writ petitioner. The punishment imposed must be within the authority of law as prescribed in the list of punishm....
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