RANJAN KUMAR MISHRA Vs. STATE OF ARUNACHAL PRADESH AND OTHERS
LAWS(GAU)-1994-12-25
HIGH COURT OF GAUHATI
Decided on December 25,1994

Ranjan Kumar Mishra Appellant
VERSUS
State of Arunachal Pradesh and Others Respondents


Referred Judgements :-

COUNCIL OF CIVIL SERVICE UNIONS V. MINISTER [REFERRED TO]
BHAGAT RAM VS. STATE OF HIMACHAL PRADESH [REFERRED TO]
RANJIT THAKUR VS. UNION OF INDIA [REFERRED TO]


JUDGEMENT

J.N. Sarma, J. - (1.)(Oral) - In 1976 in response to an advertisement for the post of Forester Grade II, the petitioner applied for the same in the year 1976. In 1977, the petitioner along with others were appointed as Forester Grade II. In the year 1980 the petitioner was transferred to Namchik Forest Range under the Arunachal Pradesh Forest Corporation. In 1981 i.e. 14.12 81 the Managing Director, the respondent No.5 issued an order suspending the petitioner and decided to hold a disciplinary, proceeding against the petitioner. The charges against the petitioner are in Annexure I to the writ application. That is quoted below ; "Article I
That the said Shri R.K. Mishra, while functioning as ARM under Namchik Project Range of Miao Project Division failed to maintain absolute integrity and devotion to duty and issued forged transit challan in favour of M/s Goyal Saw Mills, Digboi thus enabling the contractor to remove 21 green Hollong logs under Transit Challan No.21389/Book 477 dated 30.9.81 and 21392/Book 477 dated 1.10.81.

He has actively abetted to misappropriate the Corporation money by issuing false and manipulated transit challan against already removed logs and manipulating the official records. He further issued his official capacity as ARM and used the sale hammer N.28 of APFCL for illegal transportation of logs under forged TP. He look advantage of his position as Check Gate Incharge and misused his official capacity for illegal removal of logs through Namchik Check Gate and misappropriated a large amount of Corporation money.
Art. II
That during the aforesaid period and while functioning as Incharge of Namchik Check Gate Sri R.K. Mishra, ARM used false authority number M/s Corporation/24/ 80/2829-31 dated 30.8.80 for illegal removal of logs. This is a malpractice and ever which his integrity to his responsibility becomes suspicious "

(2.)The petitioner submitted his written statement and denied the allegations. The suspension order against the petitioner was revoked and he was allowed to continue in service. On 13.9.82 the Managing Director appointed one Sri S.R. Panikker as the Presenting Officer and on the same date an Enquiry Officer i.e respondent No.5 was appointed. On 2.6.83 the petitioner was asked to appear before the Enquiry Officer. The enquiry was adjourned from time to time, no witnesses was examined in the enquiry and curiously enough the petitioner was subjected to cross-examination by the Presenting Officer at the behest of the Enquiry Officer. As it will be clear from the record to which I will mention later on. Thereafter a report of enquiry was submitted holding the petitioner guilty on both the charges and an order of dismissal was passed as against the petitioner. This is Annexure 12 to the writ application. The petitioner preferred an appeal and that also was rejected vide Annexure 13 to the writ application. Hence, this writ application.
(3.)I have heard Sri AK Maheswari, learned Advocate for the petitioner and Mr. A. Roy, learned Govt. Advocate for the respondents.


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