DEBABRATA SHEE Vs. GOVERNMENT OF ASSAM

JUDGEMENT

(1.) All the 3(three) writ petitions being laid on the same premises, the same are heard and disposed of by this common order. I have heard the learned counsels for the parties and have also perused the materials on record.

(2.) Challenge is directed against the order dated 20.08.2014 issued under the hand of the Secretary, Government of Assam, Irrigation Department, whereby the writ petitioners were dismissed from service under Rule 7 (vii) of the Assam Services (Discipline and Appeal) Rules, 1964 (for short, referred to as the Rules of 1964), meaning that their dismissal from service would operate as a disqualification for future employment. At the relevant time the petitioner in WP(C) 3723/2014 i.e. Shri Debabrata Shee was working as Senior Grade Junior Engineer at Hailakandi Sub-Division (Irrigation) and the petitioner in WP(C) 3788/2014 i.e. Deepak Goswami was serving as Assistant Executive Engineer in the same establishment. The petitioner in WP(C) 4499/2014 i.e. Utpal Kr. Choudhury worked as the Executive Engineer in the same Division. In view of the allegations of gross irregularities and misappropriation of Government fund in the Hailakandi Division, Irrigation towards construction of "Harish Nagar Nala FIS" under AIBP in 2009-2010, the petitioners were proceeded against and subjected to disciplinary proceedings.

(3.) The anomalies and involvement of officers and staff of Hailakandi Division (Irrigation) towards construction of the Nala was the subject-matter in WP(C) 2655/2012, which was converted to a Public Interest Litigation and re-numbered as PIL 37/2012. In course of time, each of the petitioners were served with Show-Cause Notices/Charge together with Statement of Allegations. Basically, the charges were in respect of committing irregularities, indulging in corrupt activities for vested interest, gross negligence in the discharge of duties and causing misappropriation of Government money. The petitioners made reply to the charges in seriatim.