DEVRAM GOGOI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. B Chakravorty, learned counsel appearing for the petitioner. Also heard Mr. H Rahman, learned Govt. Advocate who represents the respondent Nos.1 &

(2.) The Digboi Town Committee, arrayed herein as respondent No.3, chose not to participate in the proceedings. 2.The petitioner, who was functioning as the Chief Accountant of Digboi Town Committee, faced a disciplinary proceeding and was placed under suspension by an order dated 19.8.1997 issued by the Executive Officer and EAC, who was discharging the function of the Administrator of the Town Committee, in the absence of the elected body. In the suspension order it was indicated that the writ petitioner unauthorisedly issued a trade license, using official seal of the Executive officer. Later on, a show cause notice dated 23.7.1998 along with statement of allegations containing 9 different charges was issued. The petitioner gave his reply on 4.8.1998 to the show cause notice but eventually, an Inquiry was ordered and the Inquiry Officer by his report dated 8.12.1999 held that 5 charges being No.1, 3, 4, 7 and 8 were proved, whereas 4 charges were not proved.

(3.) Assailing the disciplinary proceeding and the consequential termination, Mr. B Chakravorty, learned counsel for the petitioner submits that since the charge sheet dated 20.7.1998 given to the petitioner was not accompanied by the list of witnesses and the list of documents to be relied upon by the Disciplinary Authority, there has been a breach of the requirement of Rule 9(2) of the Assam Services (Discipline and Appeal) Rules, 1964 (hereinafter referred to as the Rules) and accordingly the disciplinary proceeding, leading to termination of the petitioner, is vitiated and the same justifies interference by this Court.