BOM BAHADUR THAPA Vs. MEGHALAYA TOURISM DEVELOPMENT CORPORATION LTD.
LAWS(MEGH)-2013-12-7
HIGH COURT OF MEGHALAYA
Decided on December 02,2013

BOM BAHADUR THAPA Appellant
VERSUS
MEGHALAYA TOURISM DEVELOPMENT CORPORATION LTD. Respondents

JUDGEMENT

- (1.) This instant writ petition is directed against the impugned orders dated 28.10.05 and 23.12.10. The petitioner's case in nut shell is that, "the petitioner was appointed as chowkidar at Barapani by the Managing Director, Meghalaya Tourism Development Corporation, Ltd., on 31.08.98 and subsequently transferred to Orchid Lodge, Tura as security guard. The petitioner has all along been discharging his duties faithfully and sincerely to the satisfaction of the superior officers without any complaint. The petitioner was placed under suspension w.e.f. 12.11.12 pending drawl of disciplinary proceeding by the Managing Director. Thereafter, the officer-in-charge of the Orchid Lodge, Tura issued charge-sheet to the petitioner on 18.11.02 without any statement of allegation asking for reply within 15 days as to why disciplinary action should not be taken against him in respect of following 5(five) charges: a) Celebrating Diwali on 4.11.02 by burning crackers inside the Tourist Lodge premises bring 5 to 6 outsiders. b) Drinking liquor inside the dormitory with them and giving food to the outsiders. c) Refuse customers/guests admissions on the plea of non-availability of accommodation. d) Right from his joining Tourist Lodge found in drunken state. e) Misappropriation of Rs. 4,055/-.
(2.) Neither any list of departmental witness and document by which the charges were to be proved was furnished. The petitioner denied the charges in his reply which were without any allegation and documentation proof and eye witnesses.
(3.) The Managing Director ordered any inquiry on 12.01.03 and appointed Inquiry Officer and Presenting Officer. The Inquiry Officer started inquiry by issuing notice to the petitioner on 14.01.03. Six numbers of departmental witnesses were examined at the back of the petitioner without giving opportunity to cross examine them. No witness from petitioner's side was examined.;


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