T HRILLIANA S/O HRANGTHANGA Vs. STATE OF MIZORAM
LAWS(GAU)-2018-9-46
HIGH COURT OF GAUHATI (AT: STATE)
Decided on September 20,2018

Sh T Hrilliana S/O Hrangthanga Appellant
VERSUS
State Of Mizoram Represented By Chief Secretary To Govt Of Mizoram Respondents

JUDGEMENT

S. Sertom, J. - (1.) Heard Mr. Lalpianfela Chawngthu, learned counsel appearing for the petitioner. Also heard Ms. Mary. L. Khiangte, learned Government Advocate appearing for the State respondent Nos. 1 to 3.
(2.) Facts and circumstances leading to the filing of this writ petition briefly stated are as follows:- While the petitioner was serving as Store Keeper under the Office of District Civil Supply Officer, Champhai, he was suspended from service vide Order No. C. 14013/2/07- DTE(SPY)CONF/4, dated 12.04.2007 issued by the Director, Food, Civil Supplies & Consumer Affairs, Government of Mizoram in contemplation of a departmental inquiry against him. Soon thereafter, he was served with a memo of charge dated 29.10.2007 vide Office Memo No. C.14013/2/07-DTE(SPY)CONF/85 by the Director of the same department under Rule 14 of the Central Civil Services (Classification, Control and Appeal) Rules, 1965. The charge against the petitioner as per the Articles of charge given in the Annexure-I of the memorandum are as follows:- "ANNEXURE I STATEMENT OF ARTICLES OF CHARGE FRAMED AGAINST PU T. HRILLIANA SK (Offg) (U/S) ARTICLE I That the said Pu. T. Hrilliana SK (Offg)(u/s) while functioning as the Godown in charge at Farkawn during the period from 1st Oct/2007, shortage of Govt. foodstuff as mentioned below for which he was solely responsible, has been detected on 31st March/2007 during handing and taking over of the Godown charge between himself as relieved officer and Pu. R. Lalrimtuia SK as relieving officer. (Rupees seventy lakhs sixteen thousand five hundred fifty nine and fourteen paise) only. The above misappropriation of public money has straightaway has clearly showed that Pu. T. Hrilliana SK (Offg)(u/s) has totally lack integrity and dishonestly served his employer. Thus, the said Pu. T. Hrilliana SK (Offg)(u/s) is charged to have acted in contradiction of Rule 3 (1)(i)(ii)(iii) of CCS (Conduct) Rules 1964. ARTICLE II That during the aforesaid period and while functioning in the aforesaid office, the said Pu. T. Hrilliana SK clearly knew that, he holds a position of truct where honesty and WP(C) No. 18 of 2018 Page 4 of 16 integrity are inbuilt requirements of functioning the post he hold. He also knew that he dealt with public money or is engaged in financial transactions or acts in a fiduciary capacity, highest degree of integrity and trust withness is must and unexceptionable. But the said Pu. T. Hrilliana SK (Offg)(u/s) knowingly ignored the above nature of conduct. In contradiction he dishonestly served the Govt. with intension of wrongful gain for his personal benefit. Right from the first month of his tenure, i.e. Oct'01 the said Pu. T. Hrilliana SK (Offg)(u/s) did not fully deposited sale proceeds he realized retaining Rs. 32,894.00, and continuously retaining the public money, thus became Rs. 15,27,245.00 when he relinquished his post on 31st March 2007. The above act of his conduct had apparently showed that the said Pu. T. Hrilliana SK (Offg)(u/s) has bad intention of wrongful gain for his personal benefit. Apart from the above grave misconduct, by defalcation sale proceeds, the said Pu. T. Hrilliana SK (Offg)(u/s) has further sold foodstuff as mentioned at Article I above to the value of Rs. 54,89,314.14. But wrongly shown as shortage. As a result of his misconduct, unfaithfully serving his employer, the public exchequer to the tune of Rs. 70,16,559.14 has been lost. And therefore, the said Pu. T. Hrilliana SK (Offg)(u/s) is charged to have acted in contravention Rule 3(1)(i)(ii)(iii) of the CCS (Conduct) Rules 1964."
(3.) After the inquiry was completed, the Inquiry Officer in his findings recorded in his elaborate inquiry report stated as follows:- "VII. To sum up:- On scrutiny of the Stock Account and the Cash Account of the DCSO, Champhai Office records, it has been revealed that the actual discrepancies for which T. Hrilliana, SK was solely responsible was Rs. 59,31,739.00 (Rupees fifty nine lakh thirty one thousand seven hundred thirty nine).";


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