ANIL KUMAR MAHANTA Vs. STATE OF ASSAM

JUDGEMENT

(1.) It hardly needs reiteration that on a challenge to disciplinary proceedings, the High Court does not act as a appellate authority and its power of judicial review is circumscribed by only making interference in a case ex-facie disclosing element of perversity in the proceedings and in a case based on no evidence or where manifest injustice has been caused to the person concerned on account of violation of the principles of natural justice.

(2.) Touching upon the basic facts of the case, the appellant/writ petitioner while serving as Junior Inspector/Auditor (Co-operative) under the Directorate of Handloom & Textile was served with the Notice dated 29.12.1988 inviting explanation to his unsatisfactory performance and frequent absence from duty which had resulted in his failing to achieve the audit targets of the Cooperative Societies within his jurisdiction. In the said Notice it was also indicated that failing to provide a satisfactory explanation, disciplinary proceedings would be drawn-up. The appellant did not provide any explanation and instead submitted a letter indicating that without furnishing the copies of the allegations he was not in a position to give a reply. On 25.01.1989 an order was issued transferring the petitioner from Tezpur to North Lakhimpur, followed by a release letter dated 06.02.1989. The appellant had sought for stay of the transfer order which was rejected and in the mean time the Relieving Officer also reported for duty at Tezpur. The appellant neither moved to Lakhimpur nor acknowledged the release order. The defiance on the part of the appellant prompted the respondent authorities to place him under suspension pending drawal of disciplinary proceedings by Order dated 29.11.1989. In course of time the appellant was served with the Statement of Allegations and the charges framed against him were in respect of insubordination, dereliction of duty and disobedience of the order of the superior authority. A Show Cause Notice under Rule 9 of the Assam Services (Discipline and Appeal) Rules, 1964 was issued in this respect and the appellant was asked to show cause and/or to submit his written statement of defence within 10(ten) days. In the said Notice it was also indicated that upon appointment of an Inquiry Officer he would be given all opportunity to defend the charges and to present his case with the assistance of an officer of his choice.

(3.) Thereafter, the appellant by his letter dated 18.05.1990 had requested the Director for furnishing the relevant documents. Pursuant thereto, the joint Director issued a letter dated 21.07.1990 informing the appellant that in terms of Rule 9(3) of the 1964 Rules, he may inspect the relevant documents and take extracts, fixing 07.08.1990 as the date for inspection and taking extracts in the Office of the Director of Handloom & Textile.