RAI MOHAN SARKAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) The writ petitioner was appointed Ranger in the Assam Forest Department some-time in April, 1969. He was confirmed on permanent basis with effect from 1.2.1972. Thereafter some time in November, 1981 certain proceedings were initiated against the petitioner. Charges were framed and the petitioner was asked to reply to the said charges. It appears on page 58 of the petition that the petitioner filed written statement to the charges framed which was forwarded through proper channel to the Conservator of Forests before the Inquiry Officer by a letter dated 23.8.83. Subsequently, the purported inquiry was held by the Inquriry Officer. It is being alleged in the writ petition that the said inquiry was full of irregularities and was in violation of the principles of natural justice. The said inquiry was in violation and contrary to the Assam Services (Discipline and Appeal) Rules, 1964. The petitioner was not given any documents asked for the preparation of his case as is recorded at page 56 of the written statement. The petitioner was directed to appear on 7.1.84 before the Inquiry Officer. At the time of inquiry, it is alleged that the Forest authorities did not produce any witnesses nor did they produce any documents to prove the allegations against the petitioner. On the contrary a peculiar and noble procedure was followed by the authorities whereby the petitioner was put into the box and cross- examined on the allegation. The petitioner was not given any opportunity to examine any document or cross-examine any witnesses produced by the Department. As a matter of fact no witnesses were produced by the Department. Moreover, it appears that the Inquiry Officer even did not consider the written statement filed by the petitioner before the Inquiry Officer through proper channel. Thereafter an Inquiry Report was submitted by the Inquiry Officer before the Conservator of Forests who on consideration of the said report was of the opinion that the proceedings against the petitioner should be dropped. The same has been alleged in paragraph 28 of the petition. However, it appears that instead of dropping the proceedings, the matter was forwarded to the Assam Public Service Commission who according to the petitioner in paragraph 29 of the petition observed that the proceedings might be finalised with minor penalties. The further allegation of the petitioner is that instead of dropping and finalising the said proceedings with minor penalties, the matter was taken before the Minister of Forest Department who without any jurisdiction and illegally diected the Departmental authorities to pass the final order as proposed in the Inquiry Report. The petitioner submits that at no stage the petitioner was given a copy of the Inquiry Report thereby making it impossible for him to appeal against the said inquiry order. As such, it violated the provisions of Rule 15 of the Assam Services (Discipline and Appeal) Rules, 1964. The petitioner could not possibly and effectively file an appeal unless the copy is served on the petitioner. It violates the fundamental miles of natural justice. The Court further holds that the inquiry held was not in consonance with the principles of natural justice inasmuch as the petitioner was not given the copies of the documents which were utilised against the petitioner during the said proceedings nor he was given any opportunity to deal with the same. The peculiar tactics of cross-examining the petitioner was also contrary to the principles of fair-play and natural justice.

(2.) In view of the aforesaid, I hold that the entire proceedings are totally vitiated and in violation of the principles of natural Justice. Therefore, the order dated 7th June, 1990 stands quashed and set aside.

(3.) I hold that the interference by the Minister and direction by the Minister concerned in matters of discipline was totally irregular and illegal. The same should be proceeded in terms of the Service Rules and not at the dictation of the Minister of a Department. The same is contrary to the Assam Executive Rules of Business. The Assam Services (Discipline and Appeal) Rules do not empower the Minister concerned to intervene or interfere in the disciplinary proceedings.