MD IKRAM ALI HAZARIKA Vs. STATE OF ASSAM AND 4 ORS REP BY ITS COMMISSIONER AND SECY
LAWS(GAU)-2018-2-2
HIGH COURT OF GAUHATI
Decided on February 01,2018

Md Ikram Ali Hazarika Appellant
VERSUS
State Of Assam And 4 Ors Rep By Its Commissioner And Secy Respondents

JUDGEMENT

Nelson Sailo, J. - (1.) Heard Dr. B Ahmed, the learned counsel for the petitioner and Ms. A Bora, the learned Standing Counsel for the National Rural Health Mission (NRHM) who appears for the respondent Nos. 3, 4 and 5. None appears for the respondent Nos. 1 and 2 i.e., Health & Family Welfare Department.
(2.) The case of the petitioner in brief is that he was appointed as a Cashier in the Office of the Mission Director, NRHM, Guwahati vide order dated 29.05.2007 (Annexure-1). The appointment was on contract basis requiring the petitioner to sign the terms of the contract within 15 days. Pursuant to his appointment, the petitioner joined the post and was working as such until a show cause notice was issued to him on 03.08.2013 (Annexure-2). The show cause notice was issued by the Mission Director, NHM alleging that the petitioner failed to maintain manual cash book for the financial year 2012-2013 and 2013-2014. Further, it was stated that the petitioner did not deposit before the authorities concerned the income tax, VAT and Forest Royalty which were deducted from the bills since March 2009. He also failed to produce vouchers amounting to Rs.7,33,46,473/- as was raised by the PAG in their inspection report. He was therefore asked to show cause within 7 days of receipt of the notice as to why disciplinary action should not be taken against him for his casual attitude.
(3.) Upon receiving the show cause notice, the petitioner submitted his reply to the Mission Director, NRHM on 08.08.2013 (Annexure-3). By the said reply, the petitioner gave a detailed explanation on the allegation that was made against him. The petitioner over and above stated that he had not done any wrong intentionally and therefore if any fault was found, the same being for the first time, he may be excused. The petitioner also undertook to submit manual cash books monthly with Tally BRS regularly without fail. The Mission Director upon considering the reply of the petitioner dated 08.08.2013 did not find a satisfactory reply. However, he directed the petitioner to complete all the pending works including the cash book, preparation of BRS on monthly basis, deposit the pending statutory dues and meet the requirement of auditor by supplying records and he warned the petitioner not to repeat the short comings in future. The same was communicated to the petitioner in the form of a warning notice on 02.09.2013 (Annexure-4).;


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