P. L. ZOHMINGLIANA Vs. STATE OF MIZORAM

JUDGEMENT

(1.) Heard Mr. A.R. Malhotra, the learned counsel for the petitioner as well as Mrs. H. Lalmalsawmi, the learned Government Advocate for the respondent Nos. 1, 2 and 3. None appears for the respondent No. 4 (Mizoram Public Service Commission).

(2.) Brief facts essential for disposal of the writ petition may be noticed at the outset.

(3.) The petitioner who was working as District Civil Supply Officer (DCSO), Kolasib was placed under suspension vide Order dated 10.10.2014 by the Secretary to the Government of Mizoram, Food, Civil Supplies & Consumer Affairs Department (respondent No. 2) pending drawal of disciplinary proceedings. Thereafter, the petitioner was served with a memorandum of charge dated 23.12.2014 (Annexure-2) and along with it, Articles of charge alleging that the petitioner while functioning as District Civil Supply Officer, Kolasib during the period from April 2012 to 10th October, 2014 had indulged in illegal selling of 150 quintals of Government rice from the Godown of the Department at Kolasib. Therefore, his action being unbecoming of a Government servant, amounted to violation of Rule 3 (1)(i)(iii) of the CCS (Conduct) Rules, 1964. The petitioner was therefore asked to submit his written statement of defence within 10 days of receipt of the memorandum of charge.