JAHINDRA BRAHMA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. A.K. Hussain, the learned counsel appearing for the petitioner. The State of Assam and their officers (respondent Nos.1 & 2) are represented by Ms. D.D. Barman, the learned Addl. Sr. Govt. Advocate. The Bodoland Territorial Council (BTC) and the respondent No.4 are represented by Ms. B. Bhuyan, the learned standing counsel for the BTC.

(2.) While serving as the Assistant Conservator of Forest and in-charge of the Kachugaon Forest Division, a Disciplinary Proceeding (D.P.) was initiated against the officer under Rule 9 of the Assam Services (Discipline & Appeal) Rules, 1964 (hereinafter referred to as 'the Discipline Rules'), with the show cause notice dated 28.1.200 It was alleged therein that the petitioner while in charge of the Kachugaon Forest Division from 17.8.1999-20.1.2000, had allowed illegal transportation of huge quantities of uninventorised timber from Sapatgram, in contravention of the applicable norms. Allegation of facilitating lifting of timber on bogus documents by a timber merchant was also levelled, against the Forest Officer. Through such irregularities and negligence, it was alleged that the Forest Officer caused a loss of at least Rs.40.62 lakhs royalty + taxes, to the Government coffer.

(3.) Following the above allegations, a preliminary inquiry was made and the Conservator of Forest, Eastern Assam Circle, Jorhat gave his finding dated 28.10.2004 (Annexure-3) on the allegations, levelled against the Forest officer.