B.P.KATAKEY,J. - (1.) THE writ petitioner by this writ petition has challenged the order dated 30.10.2000 passed by the Commissioner and Secretary to the Government of Assam, Personnel Deptt. (Personnel A) inflicting punishment of reduction in rank to the post of Lower Grade that is the ACS, Junior Grade from his present Grade of ACS Sr. Grade with immediate effect.
(2.) HEARD Mr. G.N. Sahewalla, learned Sr. counsel assisted by Mr. P. Bora, learned counsel for the petitioner and Mr. Gani, learned counsel appearing on behalf of the respondents. The facts leading to the filing of the present case is that the petitioner who was an ACS officer of Sr. Grade II, while serving as Project Director ITDP and Additional Deputy Commissioner, Dibrugarh was served with a show cause notice dated 20th September, 1997 asking him to show cause as to why the disciplinary action shall not be taken against him for the mis -conduct alleged in the said show cause notice under the Provisions of Assam Services (Discipline and Appeal) Rules, 1964. Along with the said show cause the statements of allegations/list of documents and list of witnesses were furnished. The petitioner on receipt of the said show cause notice submitted his reply denying the charges leveled against him. The disciplinary authority being not satisfied with the reply submitted by the petitioner, decided to hold the enquiry and accordingly the enquiry officer was appointed to conduct the enquiry against the petitioner into the charges levelled against him, vide the said show cause notice dated 20.9.1997. The enquiry officer, upon completion of the enquiry submitted the report dated 3rd August, 1999 by holding that the charges levelled against the writ petitioner could not be proved. However, the disciplinary authority, that is, the Commissioner and Secretary to the Government of Assam, by disagreeing with the findings recorded by the enquiry officer passed the impugned order awarding punishment on 30.10.2000.
(3.) MR . Sahewalla learned Sr. counsel for the writ petitioner submits that the impugned order awarding punishment is patently in violation of the principles of natural justice as no opportunity was ever granted to the petitioner to represent against the tentative view of the disciplinary authority about disagreeing the findings of the enquiry officer, which according to Mr. Sahewalla is available to the writ petitioner in view of the fact that the enquiry officer has found that the charges, levelled against the writ petitioner, have not been proved. Mr. Sahewalla, in support of his contention has relied upon the decision of the hon'ble Supreme Court in Punjab National Bank and Ors. v. Kunj Bihari Mishra, reported in (1998) 7 SCC 84.;