CHANDRA MOHAN SHARMA Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner, a member of the All India Services and belonging to the Assam Meghalaya Joint Cadre in the Indian Forest Service (for short hereafter referred to as the IFS) seeks to invoke the writ jurisdiction of this Court to upturn the judgment and order dated 16.07.2010, rendered by the Central Administrative Tribunal, Gauhati Bench, Guwahati (hereafter for short referred to as the Tribunal) in Original Application No. 157/2008. By the decision impugned, the learned Tribunal has negated the petitioner's assailment of the memorandum of charges dated 22.10.2007, issued by the Commissioner & Secretary to the Government of Assam, Environment and Forest Department, initiating a departmental proceeding against him under Rule 8 of the All India Services (Discipline and Appeal) Rules, 1969 (for short hereafter also referred to as the Rules).

(2.) We have heard Mr. AK Bhattacharjee, Senior Advocate assisted by Ms. M Dev, Advocate for the petitioner, Mr. C Boruah, learned Central Government Counsel, for the respondent No. 1, Union of India and PS Deka, learned State Counsel, Assam, for the respondent Nos. 2, 3 & 4. Also heard Mr. J Chutia, learned Standing Counsel, Karbi Anglong Autonomous Council (for short hereafter referred to as the Council), respondent No. 5.

(3.) The contentious arguments demand a brief sketch of the pleaded versions as the preface thereof for better appreciation. The services of the petitioner, who is a IFS Officer of 1984 batch, lodged in the Assam segment of the Assam-Meghalaya Joint Cadre, were placed at the disposal of the Council vide notification No. FRE-6/90/pt/180, dated 02.04.2003 of the Government of Assam in the Environment and Forest Department for his posting as Conservator of Forest, Karbi Anglong Autonomous Council. In reciprocation, the Council by its order dated 07.04.2003 accepted the services of the petitioner in the above capacity from the date of his taking over charge of the said office. The petitioner, accordingly, joined and rendered his services as Conservator of Forest under the Council till 01.09.2007, whereafter, he handed over the charge of his office and on the very same date, took up his new assignment as Conservator of Forest (Border), Government of Assam on repatriation. To facilitate this, he was, pursuant to the State Government notification No. FRE/6/90/272, dated 17.07.2007, released by the Council and the petitioner joined his new place of posting aforementioned on 07.09.2007.