SYED MAHMUD ALI Vs. POLLUTION CONTROL BOARD

JUDGEMENT

(1.) Heard Mr. M. Bhuyan, learned counsel for the petitioner as well as Mr. P.J. Phukan, learned Standing Counsel for Pollution Control Board, Assam

(2.) By filing this application under Article 226 of the Constitution of India, the petitioner, namely, Syed Mahmud Ali, has challenged the office order dated 22.07.2013 imposing penalty of withholding 2 (two) Annual increments and debarring him from promotion for 3 (three) years under Rule 7 of the Assam Services ( Discipline and Appeal) Rules, 1964. The petitioner is an Assistant Engineer in the Regional Office of the Pollution Control Board, Assam, at Nagan. On 05.12.2012 the Regional Executive Engineer being the in-charge of the aforesaid regional office received an application from one Dilmonjoy Bathori of M/s D. & J. Enterprise, Dima Hasao, for obtaining consent to establish an industry. According to the petitioner, upon receipt of the application dated 05.12.2012 the Regional Executive Engineer forwarded the application to him on same date with endorsement "Check and put up PL with I/R". On the basis of the aforesaid direction by his immediate superior, the petitioner held enquiry and submitted a report. Application dated 05.12.2012 with endorsement thereto and the inspection report held pursuant thereto are annexed to the writ petition as Annexure-1 & 2. The writ petitioner has stated that thereafter on 16.01.2013 a show-cause notice was served on him on a sole charge, namely, Encroachment of Jurisdiction of Other Regional Office in his aforesaid act of inspection and submission of report. The letter dated 16.01.2013, though titled as show-cause notice, really was a charge sheet containing only a singular charge. The said charge numbered as Charge No.1 is quoted below:

(3.) The petitioner was asked to explain by this letter as to why appropriate action should not be taken against him on the basis of the charge leveled against him. Along with the charge-sheet there was a statement of allegations, list of witnesses and list of documents. List of witnesses included 2 witnesses, namely, one Sri Kamal Kalyan Dutta, Chief Environmental Engineer at the Head Office and one Md. Anowar Hussain, Assistant Engineer, Head Office. List of documents contains only one document, namely inspection report of the said petitioner.