PRADIP KR DAS Vs. KARBI ANGLONG AUTONOMOUS COUNCIL

JUDGEMENT

(1.) Heard Mr. P.C. Dey, learned counsel for the petitioner. Also heard Mr. J. Chutia, assisted by Ms. M. Kemprai, both being learned standing counsel for Karbi Anglong Autonomous Council, respondent nos. 1 to 3. None appears for respondent no.4.

(2.) By filing this writ petition under Article 226 of the Constitution of India, the petitioner has prayed for directing the respondent authorities to allow the petitioner to do his duties as Tax Collector of Bakalia Town Committee pursuant to resolution no. 4 of Bakalia Town Committee dated 30.08.2013, and further direction to the respondent authorities not to appoint any other person till disposal of the writ petition, and for setting aside the order under Memo no. BTC/Audit/Pt-1/83/2010/ 1239(A) dated 11.11.2013 (Annexure-H).

(3.) The case projected in this writ petition is that in the year 2008 the petitioner was allowed to collect tax on behalf of Bakalia Town Committee and a formal appointment letter as Tax Collector was issued on 17.06.2009. Although the respondent authorities found the accounts submitted by the petitioner to be correct, but the audit conducted by the Office of the Accountant General of Assam for year ending 31.03.2010, found that a sum of Rs.79,721/- was not deposited in the accounts of the Govt. of Assam. It is projected that four member Sub- Committee of Bakalia Town Committee had made enquiry, verified the accounts and submitted their report to the Chairman on 29.07.2013. The said report was discussed in the meeting of Bakalia Town Committee held on 30.08.2013 and allowed the petitioner to continue in service by depositing security amount of Rs.5,000/-. However, the respondent no.4 did not allow the petitioner to work as Tax Collector in terms of resolution dated 30.08.2013, as such, the petitioner had submitted his representation dated 26.09.2013. Thereafter, projecting that he had been threatened by respondent no.4, the petitioner had lodged an FIR on 26.09.2013 before the Officer- In- Charge of Bakalia P.S. Subsequently, the Director of Municipal Administration, Assam, vide letter dated 28.10.2013 (Annexure-G), informed the respondent no.3 about the objection raised during the audit of accounts of Bakalia Town Committee and that no compliance report was received regarding steps taken with respect to non-deposit of collection amounts to the Municipal Fund. Thereafter, vide letter dated 11.11.2013, the respondent no. 3 wrote to the Director, Municipal Administration Department, Assam regarding action contemplated against the petitioner and by a copy of the said letter sent to the petitioner, he was asked to deposit entire amount within 15 days. The petitioner responded to the said letter by his reply dated 18.11.2013. Thereafter, as the petitioner was not allowed to work, the petitioner served his advocate's notice on the respondent no. 4. Accordingly, it is alleged that the petitioner has been made a scapegoat and that non-assignment of work to the petitioner amounted to dismissal from service without complying with principle of natural justice, the present writ petition has been filed.