AKAI THADOU Vs. NORTH CACHAR HILLS
LAWS(GAU)-1994-3-26
HIGH COURT OF GAUHATI
Decided on March 01,1994

Akai Thadou Appellant
VERSUS
North Cachar Hills Respondents


Cited Judgements :-

SIBA PRASAD SHARMAH VS. STATE OF ASSAM [LAWS(GAU)-2020-7-9] [REFERRED TO]


JUDGEMENT

- (1.)In this petition under Article 226 of the Constitution of India the writ Petitioner Shri Akai Thadou has assailed the suspension order as well as the disciplinary proceeding.
(2.)Initially in the year 1960 the writ Petitioner was appointed as Forester and thereafter in 1964 he was promoted to the rank of Forest Ranger. In the year 1974 the Petitioner was again promoted to the post of Assistant Conservator of Forests. It has been alleged that by letter dated 20.12.74 vide Annexure 2 to the writ petition he was entrusted to deal with matters relating to timber operation. By order dated 10.9.90 he was appointed in the post of Deputy Chief Forest Officer vide Annexure 11. The Petitioner has alleged that while he was posted as Assistant Conservator of Forests, he worked faithfully and diligently and thereby increased the royalty from timber for the District Council.
(3.)A show notice dated 3rd April, 1992 vide Annexure 13 was issued by the Principal Secretary of the N. C. Hills Autonomous District Council, Haflong asking the Petitioner to show cause, inter-alia, as to why he divulged official information to public without going through the proper channel. He was also asked to show cause that though allegedly he detected short realization of royalty this information was not disclosed to the concerned authority. Cause was shown by the Petitioner on 13th April, 1992 but he was placed under suspension by the Principal Secretary of the District Council by order dated 3rd July, 1992. The order is available at Annexure 15 to the writ petition. From the said order it appears that the Petitioner was suspended on the allegation of misuse of official power and act of influencing outside agency for promotion. By notice dated 3.7.92, issued by the Principal Secretary charges were framed and communicated to the Petitioner. It appears that as many as 6 (six) charges were framed and the said charges are as follows:
1. That you have illegally entered the jurisdiction of Umrangso Range and threatened some of the Mill Owners and other persons and manufactured statements showing short realization of revenue for the purpose of your promotion to the post of Deputy Chief Forest Of fleer as can be seen from your Representation dated 13.9.91. You are, therefore charged with illegally trespassing the jurisdiction of different Range and intimidating Mill Owners and oilier persons to provide information for fabricating documents/statements to undermine the authority of District Council.

2. That you have illegally entered into the jurisdiction of Umrangso and made some statements showing short realization of revenue on the basis of some information extracted from Mill Owners under threat and thereafter circulating the same to Karbi Students Association and to the council and Sentinel Newspaper without bringing the same to your immediate superior authority for the purpose of putting undue pressure on the Council for your promotion. You are therefore, charged with mis-conducting yourself and leaking out official information to outside agencies in violation of Official norms.

3. You have compelled the proprietor of R.C. Timber to pay a sum of 50,000/- for the purpose of purchase of Truck No. ASN - 8014 in the name of your wife by misusing your official position. You have also look one Jeep and one VCR from R.C. Timber for your personal use by mis-using your authority. You are, therefore, charged with accepting illegal gratification by misusing your official position for your personal gain.

4. You have threatened many Mill Owners under Umrangso Range, namely: (I) Shri R.K. Sureka, (II) Shri Kamal Jain (III) Shri Ramesh Ninaodia and (IV) Shri Lalit Kishore Sarkar, and demanded money from them on many occasions during your service at Haflong/Maibang range, for the purpose of your personal use. You are, therefore, charged with misuse of official power and accepting money and other gratification for the purpose of your personal gain.

5. As per your Tour Diary you have shown that you have attended office from 8.1.91 to 12.1.91, but it has been found that during this period you have visited Umrangso without any permission from your superior Authority in violation of official norms. You are, therefore charged with trespassing the jurisdiction of Umrangso range and submitting false Tour diary.

6. By an Order No. FRS/61/ST/87-88 dated 19.1.88 and No. FRS/61/SH/8742 dated 29.12.87 you have illegally extended the validity period of lease of Sri S. Terang and Sri Sanjib Hojai in respect of Forest Lease, a power vested with the Council. You are, therefore, charged with misuse of power of the higher authority and acting illegally without jurisdiction with own dishonest intention.



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