AKAI THADOU Vs. NORTH CACHAR HILLS

JUDGEMENT

(1.) In this petition under Article 226 of the Constitution of India the writ Petitioner Shri Akai Thadou has assailed the suspension order as well as the disciplinary proceeding.

(2.) Initially in the year 1960 the writ Petitioner was appointed as Forester and thereafter in 1964 he was promoted to the rank of Forest Ranger. In the year 1974 the Petitioner was again promoted to the post of Assistant Conservator of Forests. It has been alleged that by letter dated 20.12.74 vide Annexure 2 to the writ petition he was entrusted to deal with matters relating to timber operation. By order dated 10.9.90 he was appointed in the post of Deputy Chief Forest Officer vide Annexure 11. The Petitioner has alleged that while he was posted as Assistant Conservator of Forests, he worked faithfully and diligently and thereby increased the royalty from timber for the District Council.

(3.) A show notice dated 3rd April, 1992 vide Annexure 13 was issued by the Principal Secretary of the N. C. Hills Autonomous District Council, Haflong asking the Petitioner to show cause, inter-alia, as to why he divulged official information to public without going through the proper channel. He was also asked to show cause that though allegedly he detected short realization of royalty this information was not disclosed to the concerned authority. Cause was shown by the Petitioner on 13th April, 1992 but he was placed under suspension by the Principal Secretary of the District Council by order dated 3rd July, 1992. The order is available at Annexure 15 to the writ petition. From the said order it appears that the Petitioner was suspended on the allegation of misuse of official power and act of influencing outside agency for promotion. By notice dated 3.7.92, issued by the Principal Secretary charges were framed and communicated to the Petitioner. It appears that as many as 6 (six) charges were framed and the said charges are as follows: