SRI PRASANNA KUMAR PHUKAN Vs. THE STATE OF ASSAM
HIGH COURT OF GAUHATI
Sri Prasanna Kumar Phukan
The State Of Assam
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HRISHIKESH ROY,J. -
(1.) Heard Mr. D. Baruah, the learned counsel appearing for the petitioner. The respondents are represented by Mr. D. Nath, the learned Addl. Sr. Govt. Advocate, Assam.
(2.) The matter pertains to a Disciplinary Proceeding, drawn up on the allegations pertaining to the petitioner's service as the Accountant of the Margherita Sub-Treasury. The proceeding under the Assam Services (Discipline and Appeal) Rules, 1994 (hereinafter referred to as 'the Discipline Rules') was drawn up with the show cause notice dated 18.6.2002 (Annexure-B), issued by the DC, Tinsukia and although there were eight statement of allegations, in this proceeding, the Court is concerned with the allegation Nos.4 and 6, which are extracted for ready reference:-
4. That you passed the salary bill of the said High School for the month of November/2000 (under Non-Plan) wherein no deductions of GPF contribution of the staff were shown although the State Govt. has made compulsory G.P.F. contribution to be deducted @6.25% of the basis pay of the staff which proves your willful negligence.
6. That two bills, each for Rs. 3305/- and Rs. 30458/- were presented to the Treasury on 12.01.2001 and issued token No. 297 and 38 respectively. On receipt of complaint from the Head Master of the School to stop payment against these two fictitious bills, above tokens were returned by you to the token issuing Asstt., but denied to have received the bills which were untraceable in the Treasury Office. This gives rise to suspicion about your involvement in all fraudulent drawls of money by the said School. You are, therefore, charged with breach of trust."
(3.) The reply and the additional reply filed by the delinquent were found to be unsatisfactory and accordingly Enquiry into the charges were ordered. On consideration of the materials produced by the Presenting Officer and the delinquent, the Inquiry Officer concluded that all the charges have been proved. After due consideration of the enquiry finding and the gravity of the charge relating to dereliction of duty resulting in irregular and inexplicable drawl of public fund, the disciplinary authority ordered for demotion of the Accountant to the cadre of Jr. Accountant Assistant, under the order dated 19.2.2004 (Annexure-G).;
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