A public employer cannot terminate an employee based on an inquiry report that contains no incriminating evidence without first serving a proper show-cause notice and, in the event of disagreeing with the reporter's findings, providing the employee with a formal disagreement note to satisfy natural justice requirements.

BEFORE

HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR

ORDER

Date : 21.04.2026

Heard Mr. J Sharma, Learned Counsel for the Petitioner. Also heard Dr. A Chamuah, Learned Standing Counsel, ASTC.

2. The Petitioner, in the present Writ Petition, has presented a challenge to an order dated 22.12.2015, issued by the Managing Director, ASTC, Assam, removing the petitioner from his services as a Trainee Driver with the Corporation. The petitioner has also assailed an order dated 21.07.2017, rejecting the appeal, preferred by the petitioner, against the said order dated 22.12.2015.

3. The facts in brief, requisite for the purpose of adjudication of the issues, arising in the present Writ Petition, is noticed as under :

The Petitioner, herein, on his selection as a Trainee Driver, was appointed in the Assam State Transport Corporation, (hereinafter, referred to as the Corporation), and he had joined his service w.e.f 17.03.2011. The Petitioner was required to operate a reserve trip from Chipahikhola, Jorhat to Guwahati on 23.05.2015. The said trip was, with regard to the plying of Congress Workers, who were to participate in a Government function, to be held on 23.05.2015, at Sarusajai Stadium, Guwahati. The Petitioner, accordingly, was the driver of the bus bearing registration No. AS-20-1509, plying the said passengers to Guwahati. For the purpose of facilitating the petitioner to undertake the said trip successfully, the Station Superintendent of the Jorhat Station of the Corporation had handed over an amount of Rs. 2700/- (Rupees Two Thousand Seven Hundred Only), to the petitioner, for the purpose of refueling, if so required, in course of the said trip, he was to undertake. The Petitioner undertook the said trip and on conclusion of the same, had submitted a bill of purchasing of diesel oil for the vehicle in question, during its trip for the whole of the amount as handed over to him, i.e. Rs. 2700/- (Rupees Two Thousand Seven Hundred Only).

On an allegation surfacing that the Petitioner had not actually refueled the vehicle, in question, the petitioner came to be placed under suspension, vide an order dated 23.06.2015, pending drawal of the departmental proceeding against him. The Respondent authorities had, thereafter, instituted proceedings, in the matter, against the Station Superintendent of the Jorhat Station of the Corporation, who was also placed under suspension for the same allegations that were so made against the Petitioner, herein. It is projected that the Petitioner was, thereafter, vide a communication dated 08.10.2015, required to appear before the Senior Divisional Superintendent of the Corporation at Jorhat, for a personal hearing on 13.10.2015, pertaining to his suspension, with regard to the allegations of his plying the vehicle No. AS/20-1509, on 23.05.2015. The petitioner is found to have appeared for the said hearing and his statement is also found to have been recorded, therein.

The Enquiry Officer i.e. Senior Divisional Superintendent of the respondent Corporation at Jorhat, thereafter, vide a communication dated 13.10.2015, forwarded his Enquiry Report to the Senior Deputy General Manager of the Corporation at Guwahati. In the said Enquiry Report, nothing incriminating was brought on record against the petitioner, herein. Thereafter, basing on the said materials coming on record, the Managing Director (MD) of the Corporation, vide an impugned order dated 22.12.2015, proceeded to remove the petitioner from the services of the Corporation. The Petitioner preferred an appeal, in the matter, before the Managing Director (MD) of the Corporati