MOLOY BORA Vs. STATE OF ASSAM & ORS.

JUDGEMENT

(1.) Heard Mr. N Dutta, learned Senior Counsel assisted by Mr. SK Medhi, learned counsel for the petitioner and Mr. A Thakur, learned Standing Counsel, Personnel Department.

(2.) Petitioner is the same in both the writ petitions. In the first writ petition i.e., WP(C) No.6666/2014, the prayer made is for a direction to the respondent No. 2 to pass final order on the departmental proceeding drawn up against the petitioner whereas, in the second writ petition i.e., WP(C) No.395/2015, prayer made is for quashing the order dated 08.01.2015 directing fresh inquiry. Further prayer made is for release of Integrity Certificate for consideration of petitioner's appointment by promotion to the Indian Administrative Service (IAS).

(3.) Petitioner is an Assam Civil Service (ACS) Officer and is presently serving as Principal Secretary, Karbi Anglong Autonomous Council. Show cause notice dated 11.01.2012 was issued to the petitioner by the Principal Secretary to the Govt. of Assam, Personnel (A) Department under Rule 9 of the Assam Services (Discipline & Appeal) Rules, 1964, alleging that while he was serving as Director of Employment and Craftsman Training, Assam, he had sponsored excess candidates than the number of candidates requisitioned by the respective Departments. The charge related to filling up the vacancies in the post of Junior Assistant and Grade-IV under different Departments. The show cause notice was accompanied by a statement of allegation and lists of documents and witnesses. In the list of documents, an inquiry report of Sri PK Choudhury, IAS, Addl. Chief Secretary, dated 17.06.2011 was mentioned. Petitioner wrote to the disciplinary authority that he was not aware of such inquiry report and sought for a copy of such report. However, written statement of defence was submitted by the petitioner on 11.05.2012 denying the charge levelled against him. It was specifically stated that all decisions were taken by the Selection Committee which were accepted by the petitioner in his capacity as Director of Employment & Craftsman Training being the Member Secretary of the Selection Committee.