TARUN KANTI CHAKRABORTY Vs. STATE OF ARUNACHAL PRADESH

JUDGEMENT

(1.) BY this writ petition filed under Article 226 of the Constitution of India, the petitioner, a retired Divisional Manager of Arunachal Pradesh Forest Corporation Ltd. (respondent No. 3), has prayed for quashing/setting aside the impugned order of penalty dated 16. 10. 2006 whereby and whereunder, the Board of respondent No. 3, decided to award punishment of forfeiture of 25 percent of the amount of compensation due to be paid to the petitioner on account of serious violation of financial rules and procedures on his part, and also the decision of the Board appellate authority which was communicated to him vide letter dated 06. 07. 2009 (Annexure-11 to the writ petition) whereby and whereunder, the appellate authority maintained the order of the disciplinary authority and dismissed the appeal of the petitioner.

(2.) HEARD Mr. S. Dutta alongwith Mr. S. Choudhury, learned counsel appearing for the petitioner. Also heard Ms. S. Sarkar, learned Government Advocate for respondent No. 1 and Mr. K. Jini, learned counsel for respondent Nos. 2 to 8.

(3.) AGAINST the aforesaid charges, the petitioner made a reply on 09. 11. 2001 (Annexure-4 to the writ petition) wherein he denied all the allegations. Thereafter, the petitioner received another memo of charges vide Memorandum No. FC/con/17/98/878-79 dated 30. 07. 2002 alleging two Nos. of charges against him, which are quoted as under : "article-I:-That Shri T. K. Chakraborty, Divisional Manager, while functioning as Divisional Manager, Miao Project Division, Miao during the period from 04. 06. 1990 to 19. 07. 1996 had violated the laid downprocedure of Government of Arunachal Pradesh/apfcl in raising the royalty bills against supplying a quota timber to the industries through self operating despite of clear cut instruction received from the higher authority and committed wilful insubordination or disobedience to the reasonable orders of his superiors and in the process violated rule 3 (i), (ii) and (iii) of CCS Conduct Rules, 1964. Article-II:-That during the period from 04. 06. 1990 to 19. 07. 1996, while functioning as Divisional Manager, Miao, the said Shri T. K. Chakraborty, Divisional Manager, failed to raise the bills being value of royalty, M. fee, R. fee etc. against the wood-based industries in respect of the passed logs amounting to Rs. 15,23,614/- as intimated by General Manager (T), APFCL, vide his No. FC/gmt/con/dp/24-C027-28 dated 20. 05. 1999 and also failed to raise the interest bill which accumulated to Rs. 8,76,828/- as on 31. 05. 2001 as highlighted in the outstanding list submitted by the Divisional Manager, Miao Project Division vide No. MP/corp/acctt/35/2000/299 dated 16. 06. 2001 followed by report of the sub-committee constituted vide No. FC/con/11/96/pt. II/96/4284-96 dated 14. 02. 2001, for the delayed payment of the value of timber so supplied to the wood-based industries. The said Shri T. K. Chakraborty, Divisional Manager also failed to realize the extension amounting to Rs. 4,99,813/- from the quota holding industries against supply of timber made to them and in the process violated Rule 3 (i), (ii) of CCS/conduct Rules, 1964. "