RAJYAMALLA BUZARBARUA Vs. ASSAM ADMINISTRATIVE TRIBUNAL

JUDGEMENT

(1.) This writ application assails order of the disciplinary authority and the judgment and order of the Assam Administrative Tribunal, which substituted the disciplinary punishment of removal from service by withholding of promotion for a period of five years.

(2.) The petitioner, an Assistant Professor of Medicine, Gauhati Medical College, was "in the public interest" transferred, in the same capacity, and posted to the Assam Medical College, Dibrugarh by Notification No. HLB 412/72/208 dt/- 15-11-1974. He submitted a representation dt/-29-11-1974 praying for cancellation of his transfer order and to allow him to stay at Gauhati as his wife, after undergoing prolonged treatment under the Professors of the Department of Obstertrics and Gynaecology, Gauhati Medical College for Primary Sterility, gave birth to a child by caeserian operation on 16-10-1974 and she required his constant care and attention for which it was extremely difficult for him to leave Gauhati. While he received no reply to his representation, on 10-12-1974 he received copies of Govt. orders communicated vide No. HLB 412/72/211 dt. 27-11-1974 addressed to him and Order No. HLB 404/73/61 dt. 28-11-1974 addressed to the Principal of the Gauhati Medical College, hereinafter referred to as the Principal, as enclosures with Prnicipal's letter No. MC/6/67/37 dt. Gauhati the 28-11-1974. By Memo No. BHL 412/72/213 dt. 10-12-1974 the Under Secretary to the Government of Assam wrote to the Principal with reference to the latter's letter No. MC/89/69/42 dt. 2-12-1974 requesting the Principal to instruct the petitioner to submit his joining report in the Assam Medical College, Dibrugarh by 14th Dec, 1974 latest, and stating that no leave would be considered unless he joined in his place of posting. On 11-12-1974 the petitioner wrote to the Secretary to the Govt. of Assam, Health (B) Department (hereinafter referred to as 'the Secretary Health') stating that he received copies of the Government orders dt. 27-11-1974 addressed to him and dated 28-11-1974 addressed to the Principal as enclosures with Principal's letter No. MC/6/67/37 dt. 28-11-1974 but did not receive the original Government letters and that he had not yet received Government orders on his representation. The petitioner enclosed therewith a medical certificate from the Head of the Department of Obs. and Gynaecology, Gauhati Medical College in support of the facts stated earlier in his representation. On 14-12-1974 the petitioner received a copy of the Government direction by which the Principal directed him to submit his joining report in the Assam Medical College by 14th Dec, 1974 latest, that means, on the same day. 14-12-1974 being a Saturday, in obedience to the aforesaid direction the petitioner handed over charge of his post in the Gauhati Medical College on 16-12-1974 and on the same day the petitioner sent an application to the Secretary Health praying for earned leave for a period of 60 (sixty) days with effect from 15-12-1974 on the same ground of his inability to move due to his wife's condition, supported by a medical certificate.

(3.) By Notification No. HLB 288/68/163 dt. 21st Dec, 1974 the petitioner was placed under suspension with immediate effect pending drawal of departmental proceedings; and by Memo No. HLB. 288/68/164 dt. 21-12-1974 he was required to show cause under R. 9 of the Assam Services (Discipline and Appeal) Rules, 1964 (hereinafter referred to as 'the Rules') read.with Art. 311 of the Constitution of India against the following charges :