SYED RIAZUL HAQUE Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. P. K. Roy, learned counsel for the petitioner. Also heard Mr. L. P. Sarma, learned Standing Counsel, Assam State Warehousing Corporation (ASWC), the respondent No. 2.

(2.) Mr. L. P. Sarma learned counsel for the respondent Corporation raised the issue of maintainability of the writ petition the petitioner failed to bring on record any specific instance of violation of the principle of natural justice. Charge no.5 was not at all traversed by the petitioner in his reply against the show cause notice dated 8.6.2010. Further the prayer of the petitioner for withdrawal of the enquiry officer was rejected and the same was not put to challenge rather the petitioner participated in the enquiry conducted by the said enquiry officer, respondent no.5 against whom the petitioner made specific allegation of bias. However the said allegation could not be proved. The enquiry report was furnished to him alongwith the show cause notice. The report of the Chartered Accountant was brought on record at the appellate stage which did not form the part of the enquiry report. As such it was his contention that if at all the said irregularity is considered, de novo enquiry in respect of charge no. 5 may be allowed. Further it was his contention that the grounds cited by the learned counsel for the petitioner cannot be gone into by this court while exercising the jurisdiction of judicial review. In support of said argument, Mr. Sarma relies B.C Chaturvedi v. Union of India, 1995 6 SCC 749. Mr. Sarma produced the record and accordingly he sought for dismissal of this writ petition.

(3.) The petitioner was working as Warehouse Manager Grade-I at the Satgaon Centre of the ASWC the respondent no.2, represented by its Managing Director respondent no.4. The petitioner alongwith one Sri Asti Ram Kalita were the President and General Secretary respectively of the ASWC Employees Union registered under the Trade Union Act, 1926. Following the incident of extracting forced labour at the private residence of the respondent No.4 which led to media /news paper reports and discussions in the ASWC Union meeting, show cause notice dated 25.5.2010 was issued to the petitioner jointly with the said Sri Asti Ram Kalita, General Secretary of the Union by the respondent No.4. The extract of the show cause seeking reply within 31.05.2020 is reproduced below: