NAZRUL ISLAM Vs. STATE OF ASSAM AND ANR

JUDGEMENT

(1.) Order No. PDB.380/2004/234 dated 11.10.2010 (vide Annexure-J) by which the departmental appellate authority rejected the petitioner's departmental appeal and upheld the impugned order of his removal from service vide order No. PDB 380/2004/176 dated 21.04.2010 (Annexure - H) has been put under challenge in the instant writ application under Art. 226 of the Constitution of India.

(2.) Factual background in a nutshell is as follows;

(3.) The petitioner submitted his written statement of defence dated 01.10.2005 (Annexure- D) before the disciplinary authority. While denying the charges of misappropriation of Government money amounting to Rs. 1,40,000.00 (approximately) and breach of trust, the delinquent officer stated in his written statement that on 24.08.2004, the Block Development Officer (BDO), Mahamaya asked the petitioner to give requisition for 175 quintals of foodgrains for SGRY Special Programme. Accordingly, he gave requisition as asked for and finally the food grains were released for distribution among the labourers under the specified scheme through the group leader of labourers. It is further stated by the petitioner that 80% construction work of the community hall in question has been completed in spite of the fact that entire fund for the said construction was yet to be released. A cash amount of Rs. 20,000.00 and about Rs. 54,000.00 as the value of rice were released against the construction wok and therefore 20% construction work could not be completed due to want of fund. The estimated cost of the construction was Rs. 1,00,000.00. The petitioner also categorically denied the charge No.(iii).