WP(C) 4415/2010. Gauhati High Court
| Case Number | WP(C) 4415/2010 |
| Judgement Date | June 16, 2019 |
| Court | Gauhati High Court |
I N THE GAUHATI HI GH COURT
(THE HI GH COURT OF ASSAM, NAGALAND, MI ZORAM AND ARUNACHAL PRADESH)
Writ Petition ( C) No.4415/ 2010
Mr. Dulu Kumar Gogoi
S/ O Sri Keshab Gogoi R/ O-Dhalbama, Mainak Horong
Gorchuk, Guwahati-35
Dist Kamrup, Assam
…….Petitioner
-Versus-
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The State of Assam
Represented by the Chief Secretary Govt. of Assam, Dispur
Guwahati-6
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Chairman
Assam Mineral Development Corporation Ltd. Ganeshguri, Near Sahjahan Market
Guwahati-6
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The Managing Director,
Assam Mineral Development Corporation Ltd. Ganeshguri, Near Sahjahan Market
Guwahati-6
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The Principal Secretary
Mines and Mineral Department
……. Respondents
BEFORE
THE HON’BLE MR. JUSTI CE NELSON SAI LO
For the Petitioner : Mr. SK Barkataky, Advocate.
For the Respondents : Mr. M Choudhury, Advocate
Page 1 of 13
Date of Hearing : 09.06.2017
Date of Judgment : 16.06.2017
JUDGMENT AND ORDER( CAV)
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Heard Mr. SK Barkataki, learned counsel for the petitioner and Mr. M Choudhury, learned counsel for the respondents.
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The case of the writ petitioner in brief is that he was serving as Senior Field Assistant under the Assam Mineral Development Corporation and after rendering about 23 years of service, he was dismissed from service on
12.3.2010 after departmental proceeding was drawn against him.
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The facts leading to his termination is that a show cause notice vide Memo No. AMDC/ ET/ 93/ 2267 dated 24.1.2008 was issued to the petitioner and thereafter another show cause notice vide Memo No.AMDC/ ET/ 93/ 949 dated
10.7.2008 (Annexure-1) was issued to him under Rule 9 of the Assam Services (Disciplines and Appeals) Rules 1964 read with Section 311 of the Constitution of I ndia asking him to show cause as to why the penalty prescribed in Rule 7 of the aforesaid Rules should not be inflicted upon him on the following charges-
“ That on 12th June, 2008 you entered into the office chamber of the Managing Director, Assam Mineral Development Corporation at about 11 a.m. without permission and charged MD
WP (C) No. 4415 of 2010 Page 2 of 13
why your application for CPF advance had not been forwarded to the office of the RCPF till date and misbehaved the MD in presence of the Office Superintendent and a Senior Assistant who were present in the MD’s chamber for a discussion on certain official matters during that time. You also threatened the MD that in case the application is not forwarded within that day the MD will have to face serious consequence.
While going out from the MD’s chamber you involved in altercation with some other employees of the corporation and left the office premises. Then after few minutes you again entered into the office campus with an iron rod in you hand and created a panicky situation in the office premises. However, one of the Security personnel of the office along with one other senior employee of the Corporation snatched away the iron rod from your hands.
Thos acts of yours amounts to major misconduct, indiscipline, and lack of integrity on your part.
You are, therefore, charged with misconduct, indiscipline and lack of integrity. “
The petitioner was thus asked to submit his written statement in defence within 10 days from the date of receipt of the communication.
WP (C) No. 4415 of 2010 Page 3 of 13
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Against the show cause notice dated 10.7.2008, petitioner filed his reply on 25.7.2008 explaining and justifying the charge made against him. The respondent authorities having not accepted his reply constituted an Enquiry Committee vide office order dated 27.1.2009 (Annexure-I V) comprising of two members to conduct enquiry on the allegations made out against the writ petitioner.
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Consequently, the enquiry committee upon concluding the enquiry submitted their report and the petitioner was given a copy of the report vide communication dated 4.2.2010 (Annexure-V) asking him to submit his representation against the enquiry report within a period of 10 days from the date of receipt of the same. The petitioner upon receipt of the same on 8.2.2010 requested respondent No. 3 to furnish him the statements of the 13 witnesses who were examined during the enquiry proceeding and accordingly on 9.2.2010 (Annexure-VI ), the petitioner was furnished with the same.
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The petitioner then...
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