UMA PRASAD GOGOI Vs. STATE OF ASSAM

JUDGEMENT

(1.) In this Civil Rule the petitioner has challenged the Annexure-27 order dated 19.11.88 issued by the Secretary to the Government of Assam, Forest Department removing the petitioner from service with effect from the date of the Order and also Annexure-29 order dated 16.5.89 issued by the Secretary to the Government of Assam, Forest Department intimating the petitioner that the appeal preferred by him had been dismissed.

(2.) Briefly the facts are : The petitioner was a confirmed Forest Ranger under the Forest Department of Assam. He was confirmed in his post with effect from 1.4.53. In the year 1968 he was released from the Forest Department allowing him to join Soil Conservation Department as Assistant Soil Conservation Officer. Accordingly, the petitioner joined in the new department on deputation. While serving in the said department, in the month of March, 1972 he was promoted in his parent department, namely, Forest Department, to the Class-I post of Assam Forest Service. Though he was promoted in the parent department, he was allowed to continue in the Soil Conservation Department. At the relevant time Shri P.C. Goswami was the Director of Soil Conservation. By an order dated 11.6.71 the petitioner was placed under suspension pending initiation of departmental proceeding. Thereafter a departmental proceeding had been drawn up against the petitioner by the Tribal Areas & W.B.C. Department (for short, T.A. & W.B.C. Department). The petitioner was suspended and proceeding was initiated against him on the basis of a report given by Shri P.C. Goswami the then Director of Soil Conservation Department. In his report Shri P.C. Goswami made allegations of misappropriation against the petitioner. Shri P.C. Goswami prepared the show cause notice and sent it in triplicate to the Secretary, T.A. & W.B.C. Department to issue it suggesting his own name for appointment as the Inquiry Officer to conduct the enquiry. Accordingly, on 2.12.71 the Secretary, T.A. & W.B.C. Department issued the show cause notice with the list of witnesses and documents claiming himself to be the disciplinary authority and appointing Shri P.C. Goswami as the Inquiry Officer without, however, awaiting for the reply. Meanwhile, on 20.3.72 the Forest [Department (Parent department) promoted the petitioner to the post of Assistant Soil Conservation Officer. The petitioner submitted provisional lists of relevant documents for verification and for furnishing copies for preparing his defence statement. However, the petitioner's request was not acceded to. Thereafter, a representation was made by the petitioner in this regard. The request made by the said representation was also turned down. By Annexure-12 the petitioner expressed his inability to submit defence statement in the absence of those copies which, according to him, were relevant for the purpose of preparing his defence. The Inquiry Officer, Shri P.C. Goswami conducted the enquiry and submitted his report finding the petitioner guilty. Second show cause notice was also issued. In reply to the show cause notice the petitioner pointed out the irregularities in conducting the enquiry by Annexure-16. Thereafter, the petitioner was removed from service by Annexure-17 order dated 4.7.75. An appeal was filed before the appellate authority which, however, was rejected. A further appeal was preferred before the Assam Administrative Tribunal. In the appeal also the petitioner took up grounds of irregularities and also raised the question of biasness of the Inquiry Officer inasmuch as the Inquiry Officer Shri P.C. Goswami himself made the allegations, prepared the show cause notice and also framed the charges. Petitioner also took the ground that the Secretary, T.A. & W.B.C. Department not being the disciplinary authority, he had no jurisdiction to pass order of removal of the petitioner. The appeal was heard by the Tribunal and after hearing, the appeal was allowed on the ground that Secretory, T.A. & W.B.C. had no jurisdiction to award punishment. However, other grounds urged by the petitioner were not entertained. The Tribunal while setting aside the order of dismissal and reinstating the petitioner, directed the T.A. & W.B.C. Department that the enquiry report and other relevant papers be transmitted to the parent department i.e. Forest Department for taking necessary action against the petitioner on the basis of the enquiry report and also directed that the petitioner be deemed to be under suspension with effect from the date of the original order of his removal from service. Pursuant to that order, the order of removal of the petitioner from service was revoked, he was reverted to the Forest Department and was treated to be under suspension with effect from 4.7.75. Thereafter by Annexure-21 order dated 6.1.84, the order of suspension was revoked. A few days thereafter, i.e. on 11.1.84, the petitioner joined his service. On 28.11.86 the petitioner's service was regularised and the entire period of suspension of the petitioner was treated as spent on duty. The order was communicated to the Soil Conservation Department also. Thereafter on 2.2.87 the petitioner was promoted to the post of Deputy Coaservator of Forest After his promotion the petitioner was associated with a committee of enquiring into various malpractices/corrupticon/loss of revenue in Forest Department. He was also engaged as the full time member of the Standing Cell of the Forest Department. The petitioner had collected, processed and complied information for the purpose of framing departmental proceedings against Shri D.P. Neog, the then Chief Conservator of Forest. Shri D.P. Neog, some time thereafter, addressed a secret mote to the Secretary to the Government of Assam, Forest Department. The petitioner contends that by the said secret note Shri D.P. Neog made certain false allegations against the petitioner. On coming to know about it, the petitioner by Annexure-26 and 26(A) requested the Deputy Secretary to the Government of Assam, Forest Department for supplying him the copy of the said secret note. Said Shri D.P. Neog was placed under suspension on the recommendation of one man committee. Thereafter, on 11.5.88 the Joint Secretary to the Government of Assam, Forest Department directed the petitioner to relinquish the charges of the Standing Cell. On 30.6.88 said Shri D.P. Neog was reinstated and on 19.11.88 the petitioner was removed from service. Petitioner being aggrieved, preferred an appeal before the appellate authority. The appeal was rejected. However, no ground was assigned for such rejection. Hence the present petition. The petitioner also filed an additional affidavit.

(3.) H eard Mr. A Sarma, learned counsel appearing on behalf of the petitioner and Ms. B. Choudhury, learned Government Advocate, Assam.