Disciplinary proceedings vitiate if an inquiry is conducted without serving proper notice to the delinquent, denying the right to cross-examine witnesses and failing to furnish a copy of the inquiry report, thereby violating the principles of natural justice and mandated service rules.

JUDGMENT :

N. UNNI KRISHNAN NAIR, J.

1. Heard Mr. P Bordoloi, learned counsel for the petitioner. Also heard Mr. J Handique, learned Standing counsel, Revenue and Disaster Management Department, appearing for the respondent Nos. 1, 2 & 3 and Mr. C K S Baruah, learned Government Advocate, appearing for the respondent Nos. 4, 5 & 6.

2. The petitioner in the present writ petition has presented a challenge to an order dated 10.01.2024, along with an order dated 05.07.2024, issued by the Disciplinary Authority, imposing the penalty of dismissal from service upon the petitioner. The petitioner has also presented a challenge to an order dated 25.08.2024, passed by the Appellate Authority in the appeal, preferred by the petitioner against the order, affirming the penalty of dismissal from service as imposed by the Disciplinary Authority.

3. The petitioner, herein, while working as a Land Record Assistant in the Office of the Circle Officer, Nazira Revenue Circle, an FIR came to be lodged against him, before the Superintendent of Police, Vigilance & Anti-Corruption, on 14.06.2023, alleging demand of bribe from the complainant.

On receipt of the said FIR, the same was registered as ACB P.S. Case No. 44/2023 under Section 7(a) of the Prevention of Corruption Act, 1988.

The petitioner, on 14.06.2023, was arrested in connection with the said police case. The petitioner, being placed under arrest and having been detained beyond 48 hours, the Deputy Commissioner, Sivasagar, vide order dated 28.06.2023, proceeded to place the petitioner under suspension. The petitioner was, thereafter, enlarged on bail by the learned Special Judge, Assam, vide an order dated 28.07.2023.

The District Commissioner, Sivasagar-cum-Disciplinary Authority, issued a show cause notice dated 07.09.2023, to the petitioner, requiring him to show cause as to why strict disciplinary action should not be taken against him, basing on the allegations set out, therein.

The petitioner responded to the said show cause notice, vide his reply dated 13.09.2023. Thereafter, the Disciplinary Authority of the petitioner issued another show cause notice to the petitioner dated 16.10.2023, instituting a disciplinary proceeding against him.

The Disciplinary Authority of the petitioner, vide a communication dated 25.10.2023, forwarded a list of witnesses to the petitioner, who would be deposing in support of the allegations leveled against the petitioner in the enquiry. Thereafter, the petitioner submitted his show cause reply to the show cause notice dated 16.10.2023, on 30.10.2023. The show cause reply submitted by the petitioner, not being found to be satisfactory, a departmental enquiry was directed to be held against the petitioner. On conclusion of the said enquiry, the Disciplinary Authority of the petitioner, vide order dated 10.01.2024, proceeded to impose upon the petitioner a penalty of dismissal from service.

The petitioner, being aggrieved by the said order dated 10.01.2024, submitted an appeal before the Appellate Authority on 16.03.2024.

During the pendency of the said appeal, the Disciplinary Authority, proceeded vide order dated 05.07.2024, to partially modify the earlier order dated 10.01.2024. However, the penalty of dismissal from service, as imposed upon the petitioner, was maintained. Thereafter, the Appellate Authority of the petitioner, i.e., the Director of Land Records, A