NAGALAND PUBLIC SERVICE COM-MISSION Vs. PHUHOLI SEMA

JUDGEMENT

(1.) This writ appeal as filed by the Nagaland Public Service Commission (NPSC for short) and its Secretary is directed against the Judgment and Order dated 11.06.2012 passed by the learned Single Judge in W.P(C) No. 76(K) of 2011. The writ petitioner, the respondent No. 1 in the writ appeal, has called in question the proceedings of the Tribunal Case No. 9 of 2009 (in the Tribunal for disciplinary proceeding, Vigilance Commission, Nagaland), the Office Memorandum No. NPSC/CON-10/2009 dated 22nd July, 2009 issued by the Secretary, NPSC proposing to hold a disciplinary inquiry against the petitioner, the Order No. NPSC/CON-10-2009, dated 10th August, 2009 issued by the Secretary, NPSC appointing Shri Hukato Swu, Additional District and Sessions Judge, Tribunal for Disciplinary proceedings, Vigilance Commissioner, Nagaland as Inquiry Officer, the Inquiry Report No. TRL/10/2009, dated 14th January, 2010 submitted by the Tribunal for Disciplinary Proceedings, Vigilance Commission, Nagaland, Kohima to the NPSC against the petitioner, the Office Memorandum No. NPSC/CON-10/2009 dated 16.03.2010 issued by the Secretary, NPSC proposing the penalty of dismissal of the petitioner from service and the Office Memorandum No. NPSC/CON-10/2009 dated 31.03.2010 issued by the Secretary, NPSC ordering dismissal of the petitioner from service.

(2.) The petitioner was appointed initially as typist and thereafter she was promoted to the post of the Lower Division Assistant in the NPSC. From Lower Division Assistant, the petitioner was further promoted to the post of Upper Division Assistant (UDA) and she was working to the satisfaction of the authority as per allocation and re-allocation of the works. On 02.03.2009 by an order issued by the Secretary, NPSC till the petitioner was placed under suspension on the ground that a criminal offence was being investigated against her and a disciplinary proceeding against her had been completed. The memorandum of charges was forwarded to the petitioner on 22.07.2009 by the Secretary, NPSC and in response thereto the petitioner submitted her written statement denying all the charges in Article I, Article II and Article III contained in the Annexure-1 to the said memorandum dated 22.07.2009. Thereafter, in exercise of the powers as conferred under Rule 9(2) of the Nagaland Civil Services (Discipline & Appeal) Rules, 1967 Sri Hukato Swu, Additional District and Sessions Judge, Vigilance Commission, Kohima, Tribunal for disciplinary proceeding was appointed as the Inquiry Officer to enquire into the charges framed against the petitioner by the order dated 10.08.2009.

(3.) On 10.08.2009 by another order, one Shri Vikhozo Vistu was appointed as the Presenting Officer. Thereafter, on 13.10.2009 Sri N. Mozhui, advocate was appointed as the co-presenting officer for the NPSC against the petitioner. The said tribunal for the Disciplinary Proceeding conducted the proceeding being the Tribunal Case No. 9 of 2009 on the said charges. On recording as many as seven witnesses the petitioner was asked to submit her written submissions, Thereafter on completion of the hearing on 20.11.2009, the said Inquiry Officer submitted a report dated 14.01.2009 holding that the charges against the petitioner under Article I and II have been proved and the charge under Article III(a) & (b) was redundant. But the finding on the Article III(c) was deferred. Ultimately the Tribunal for disciplinary proceeding came to the finding that the petitioner failed to maintain absolute integrity and also acted in a manner unbecoming of a Government Servant and had violated Rule 4(1)(i)(ii) and (iii) of the Nagaland Government Servants Conduct Rules, 1968. For reference the provisions of the said Rule 4(1) are extracted where it is provided that an Officer shall: