I RAMESH Vs. STATE OF NAGALAND

JUDGEMENT

(1.) THE writ petitioner herein impugns the order passed by the deputy Secretary to the Government of nagaland in a departmental proceeding dismissing him from service.

(2.) THE petitioner obtained Diploma in civil Engineering from the Board of technical Education, Assam and was appointed as Overseer, Grade I, by the government of Nagaland in the year 1960 and was posted to serve under the B. D. O. of Mangkalemba, Nagaland, where from he was" later transferred and posted at Mokokchung where he served till )962, and then transferred to Zunhoboto P. W. D. Subdivision where he served till 1967. Meanwhile, in 1964 he was awarded medal and commandation certificate for his good service. He was promoted as Sub-Divisional officer, P. W. D. in March, 1967 and was posted at Satakha wherefrom he was transferred to East P. W. D. Sub-Division, mokokchung in July, 1967, where from he was transferred to a new Sub-Division at mangkalemba in December 967. The petititioner was again transferred and posted in Mokokchung Divisioni as S. D. O. , t. C. in the last part of 1968 and he served till 1971 whereafter he was transferred and posted in Mokokchung East Sub-Division where from he was transferred to Kohima as S. D. O. , T. C. under kohima S. E. Circle II in June, 1974. From 3-9-75 to 16-2-76 the petitioner availed leave and stayed at his residence at Nakachari in Sibsagar District of Assam. Before his leave he received the Articles of charge. While on leave he was transferred and posted as S. D. O. , T. C. at Zunhoboto where he joined at the expiry of his leave on 17-2-76 when the petitioner received an order dated 6-1-76 (Annexure 2 the petition) of the Joint Secretary to the Government of Nagaland, as Inquiry Officer, intimating the appointment of Shri Lanu chuba Ao, as Presenting Officer in place of shri M. J. Rishud; the fact that the replies received from the petitioner, had not yet been furnished to him; recording no intimation as to whether notice to the petitioners to appear at 9. 30 A. M. at kohima on 6-1-76 was actually served or not: and refusing to proceed ex parte with without knowing whether he actually received the summons and the amendment to the charges, and fixing 9-30 A. M. on 20th January, 1976 as the next date for preliminary hearing at Kohima. It was ordered that notice should be served through the C. E. (P. W. D.) on the accused officer personally taking receipt. Annexure 3 is an intimation from the Joint Secretary to the Government of Nagaland, Mr. L. Toshi ao as Inquiry Officer dated 12-1-76 addressed to the petitioner informing him that the preliminary hearing of the case would be held on 20th January, 1976 at 9-30 a. M. at Kohima and asking the Presenting officer also to be present, and requiring the petitioner to intimate the name, designation and address of the Government servant who would be assisting him. By Annexure 4, a letter from the Deputy Secretary to the government of Nagaland, Mr. C. N. Meren, addressed to the petitioner, the latter was requested to appear before the Inquiry officer on 20th January, 1976 at 9-30 A. M. at Kohima.

(3.) THUS the disciplinary proceeding was already drawn, the Memorandum of Articles of charge and the show-cause notice already issued before the petitioner joined at Zunhoboto on 17-2-76. Admittedly, the petitioner did not file any written statement and he did not appear on 20-1-76 before the Enquiry Officer at Kohima. On 10-2-76 PWs 3, 4, 5 and 6 were examined in absence of the petitioner and the next date fixed was 24-2-76. The petitioner appeared at the inquiry for the first time on 19-3-76 and 26-3-76 was fixed for cross-examination of the Executive Engineer. The petitioner, however, could not attend on that date and sent an application accompanied by a medical certificate informing his inability to attend. The petitioner received a wireless message informing him to appear at the inquiry at Dimapur on 22-4-76. The message was sent to him by the Executive engineer, Zunhoboto. Accordingly the petitioner along with one Shri A. B. Das, head Assistant, East Sub-Division, reported his arrival at the Circuit House, dimapur on 21-4-76 and stayed there till 23-4-76 but no Enquiry Officer came to hold an inquiry, So he left Dimapur in the evening of 23-4-76. Later he learnt that contrary to what he was informed by the wireless message, the inquiry was held on 12-4-76 on which date as many as 18 witnesses were examined in his absence. On 14-5 76 the petitioner submitted a representation to the Inquiry Officer praying for rehearing of the inquiry stating that after attending the inquiry on 19-3-76 at kohima, he could not appear on 26-3-76 for cross-examination of Mr. J. T. Zulu ao, as he was compelled to remain absent as his 2nd daughter was very badly injured with knife and had to attend on her in the government Hospital upto 2nd April, 1976, which fact was informed to the inquiring authority ; and that thereafter he received a signal from the Secretary, works, Kohima, vide Signal No. PW/ con/5/74 dated 7/4 informing him to attend at Dimapur on 22-4-76 but no inquiry was held on that date ; but subsequently he received a bundle of registered letter containing 18 statements of witnesses examined on 12-4-76 and he learnt thereafter from reliable source that prosecution evidence was closed. He further stated "perhaps all these things happened only because of bad communication in keeping correspondences by post at a place like Zunhoboto. As such I as an accused Officer, should be given enough opportunities to argue with the then superior officer who had put such blames on me for a matter of Rs. 9,000 approximately. Though I had to sign "as paid by me" in the imprest account (which was actually forced by Mr. Zulu) at the end of financial year, not a single cheque for labour payment was made to me, i. e. , to the S. D. O. East Sub-Division. This can clearly be verified from the cash book/cheque of E. E. MKG-II office as all then dealing staffs are still serving there". He accordingly prayed that he be allowed re -hearing of the matter with Mr. Zulu Ao, executive Engineer, who was then servine at Kohima and stated that the petitioner would attend along with his assisting staff, mr. A. B. Das, who, he stated, would disclose everything in presence of both.