RAMESH KAKATI Vs. STATE OF ASSAM AND OTHERS

JUDGEMENT

(1.) Heard Mr. H.K. Das, learned counsel for the petitioner and Mr. S. Bharali, learned Addl Senior Govt. Advocate appearing for State - respondents.

(2.) The petitioner was serving as a driver and was posted in the Mangaldoi Fire Station under the Additional Director General of Police-cum-Director of State Fire Service Organization. While in service, the petitioner was served with a show cause notice dated 19.5.2011, wherein charges were levelled that he was absent from duty from 14.4.2011 to 22.4.2011. Thereafter, he arrived at the Fire Station on 22.4.2011 in a highly intoxicated condition and he was unable to perform his duty and even the superior officials of the Fire Station could not control the petitioner. In the show cause notice, it has been stated that similar incident had also taken place earlier and even there was a prior departmental proceeding against the petitioner, where he was let off with certain minor punishment, but in spite of the same, the petitioner could not change his behaviour and continued to create nuisance at the Fire Station. Subsequently, certain additional charges were also brought in which indicates that for various intermediate period, the petitioner remained absent from duty without any authority.

(3.) The copy of the first show cause notice annexed to the writ petition does not contain any statement of allegations nor does it contain the list of documents and list of witnesses that the disciplinary authority may like to rely upon. But, however in the affidavit-in-opposition filed on behalf of the Additional Director General of Police-cum-Director of State Fire Service Organization, a different copy of the show cause notice had been annexed, which also contains the statement of allegations as well as the list of witnesses and list of documents. But, however the petitioner in his affidavit-in-reply had stated that he was provided only with a part of the show cause notice, which did not contain the statement of allegations and also the list of witnesses and list of documents.