LAWS(MEGH)-2019-8-22

P. IADBORNE Vs. MEGHALAYA TRANSPORT CORPORATION

Decided On August 21, 2019
P. Iadborne Appellant
V/S
Meghalaya Transport Corporation Respondents

JUDGEMENT

(1.) The brief facts of the case is that the petitioner is working as a Book Assistant is aggrieved with the impugned order dated 7th April, 2017 whereby certain deductions have been ordered to be made from his salary to the extent of misappropriation as alleged. The only case of the petitioner is that before inflicting such punishment of deduction from his salary no departmental proceeding was drawn up against him nor was he given a chance to defend himself in an adequate manner.

(2.) Mr. A.S. Siddiqui, learned counsel for the petitioner submits that the petitioner was inflicted with the punishment as reflected in the Order No. 503, dated 7th April, 2017 without initiation of any departmental proceeding and that there has been a total go by to all said procedures as established by law in such matters. He submits that the action of the respondents also have seriously violated the principles of natural justice. He concludes his submissions by reiterating that in the absence of any proceeding as stated, there are no grounds to sustain the impugned order dated 7th April, 2017.

(3.) Mr. K. Khan, learned Sr. GA assisted by Mr. A.H. Kharwanlang, learned GA for the respondent submits that the matter is not as it seems or as portrayed by learned counsel for the petitioner. He submits that the writ petitioner has been rendering unsatisfactory service from the time of his joining the Corporation in the year 1989 till date, and that on earlier occasions, departmental proceeding has been drawn against him whereby he has been found guilty as charged. With regard to the submissions of the learned counsel for the petitioner that there was a total absence of any proceeding, the learned Sr. GA has drawn the attention of this Court to the Annexure-IV which is the Enquiry Report on the alleged misappropriation of cash from the Railway Earning of the Corporation. The learned Sr. GA submits that though this enquiry was directed against one Shri Dalumlang Tiewsoh, Cashier, SG Route Depot, Shillong, in the course of the detailed enquiry, the petitioner and other persons found involved therein were called for hearing and they had also proved their signatures on the transactions for sale of tickets by the Corporation. He submits that by their admission in the connected departmental proceedings though not directed against them specifically, they had admitted their complicity with regard to the alleged misappropriation. He therefore submits that the enquiry was conducted as per due process and the principles of natural justice have not been violated, as the petitioner and the other persons were heard before the said impugned order was passed. He further submits that there being no illegality in the process as adopted, and in view of the admission of the petitioner and others, the writ petition deserves no consideration and the same should be dismissed.