HAUZEL HAUKUNG Vs. THE PRINCIPAL CHIEF CONSERVATOR OF FOREST, GOVT. OF MANIPUR AND ANR.
LAWS(GAU)-1994-4-12
HIGH COURT OF GAUHATI
Decided on April 11,1994

Hauzel Haukung Appellant
VERSUS
The Principal Chief Conservator Of Forest, Govt. Of Manipur And Anr. Respondents




JUDGEMENT

N.G. Das, J. - (1.)BY means of this application filed under Article 226 of the Constitution of India, the Petitioner Shri Hauzel Haukung has challenged the Validity of the order of Principal Chief Conservator of Forest, Govt. of manipur, dated 11th February, 1994 contained in Annexure -A/10 and made a prayer for quashing the same.
(2.)I have heard Mr. Ng Kumar the learned Counsel appearing on behalf of the Petitioner and Mr. R.K. Sanajnoba Singh, the learned Counsel appearing on behalf of the Respondents.
The only question that falls for decision in this ease is whether the disciplinary authority, namely, the Respondent No. I is entitled to pass the impugned order contained in, Annexure -A/10) without furnishing a copy of the report of the enquiring officer to the Petitioner, namely, the delinquent official.

(3.)A disciplinary proceeding was started against the Petitioner on the allegation that while functioning as Cashier of the Divisional Forest Office, Southern Forest Divn. Office, Churachandpur during the period from 8 -6 -87 to 31 -3 -89 he violated the Rule 3 of the Central Civil Services (Conduct) Rules, 1964 inasmuch as that he violated the order/instructions of the superior authority in encashing an amount of Rs. 2.70 lakh belonging to the Government with some ulterior motive, The matter was assigned to some enquiring officer who after making necessary enquiry as per the procedure held the Petitioner guilty of the charge that was framed against him, On the basis of the enquiry report the disciplinary authority namely, the Principal Conservator of Forest passed the impugned order.


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.