LALBIAKSANGI Vs. STATE OF MIZORAM
HIGH COURT OF GAUHATI (AT: AIZAWL)
STATE OF MIZORAM
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NELSON SAILO -
(1.) Heard Mr. A.R. Malhotra, the learned counsel for the writ petitioner and Mr. A.K. Rokhum, the learned Addl. Advocate General appearing for the respondent Nos. 1 and 2.
(2.) No one appears for the respondent No. 3 (MPSC).
(3.) Brief facts for disposal of the writ petition may be noted at the outset. The petitioner is a State Civil Servant and while she was posted as the Deputy Secretary to the Government of Mizoram in the General Administration Department (GAD), she was served with a Memorandum dated 28.06.2011 (Annexure-1) informing her that an inquiry under Rule 14 of the CCS (CCA) Rules, 1965 was contemplated against her. Alongwith the Memorandum and statement of Articles of Charge framed against the petitioner with certain allegations against her while functioning as Joint Director, Rural Development Department was enclosed. Relevant portion of the Articles of Charge may be abstracted below:-
"That the said Pi Lalbiaksangi, MCS, while functioning as Joint Director, Rural Development Department was alleged to have diverted and misused substantial amount of government money under Rural Development Department for construction of Jeepable road from Hmawngbu to Zochachhuah under BADP during 2005-2006. By the above act, the said Pi Lalbiaksangi, MCS has exhibited lack of devotion to duty and violated Rule 3(I)(i), 3 (I)(ii) and Rule 3(I)(iii) of CCS (Conduct) Rules, 1964 and Rule 26 of GFR 2005." ;
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