N CHAKHAI Vs. STATE OF MIZORAM & 2 OTHERS
LAWS(GAU)-2018-5-53
HIGH COURT OF GAUHATI
Decided on May 08,2018

N CHAKHAI Appellant
VERSUS
State Of Mizoram And 2 Others Respondents

JUDGEMENT

Michael Zothankhuma, J. - (1.) Heard Mr. A.R. Malhotra, learned counsel for the petitioner. Also heard Mr. Samuel Vanlalhriata Chhangte, learned Govt. Advocate for the respondent Nos. 1 & 2.
(2.) The petitioner by way of the present writ petition has prayed for setting aside the order dated 18.08.2017, issued by the respondent No. 2, by which the petitioner has been imposed with a penalty of withholding of increments of pay for a period of 3 (three) years without cumulative effect w.e.f 01.07.2013 under Rule 12 of the CCS (CCA) Rules, 1965 by the Governor of Mizoram.
(3.) The brief facts of the case is that a Memorandum of Charge dated 02.11.2011 was issued to the petitioner, asking him to submit his written statement of defense in respect of 2 Articles of Charge framed against him, which are as follows: "ARTICLE-1 While Pu N. Chakhai was functioning as Project Director, DRDA, Saiha during May 2009-July 2009 a total amount of Rs. 6,08,000/- (Rupees six lakhs eight thousand) was passed under Administrative cost for purchase of a) LBD Centre Control Unit amounting to Rs. 2,87,900/- (Rupees two lakhs eighty seven thousand nine hundred) and b) Senate Conference Table, Conference Chair amounting to Rs. 3,20,100/- (Rupees three lakhs twenty thousand one hundred). Rs. 8,000/- (Rupees eight thousand) was paid in advance to the supplier. Rs. 6,00,000/- (Rupees six lakhs) was deposited in the personal saving account of Lalthankima, Junior Engineer cum Cashier with the approval of Project Director, DRDA which is against the Financial Rules. By the above act Pu. N. Cakhai, MCS, Project Director, DRDA Saiha violated Rule 22 of the GFR, 2005 and Sub-rule (1) (i) (ii) of Rule 3 of the CCS (Conduct) Rules, 1964. ARTICLE-II Pu. N. Chakhai while functioning as Project Director, DRDA, Saiha, had issued approval for a huge amount of Govt. money amounting to a total of Rs. 4,60,00,000/- (Rupees four crores sixty lakhs) to be deposited in the personal account of Pu Lalthankima, JE cum cashier, DRDA, Saiha for which he has no authority and is against the rules. By the above act Pu. N. Chakhai, MCS, Project Director, DRDA, Saiha violated Rule 22 of GFR, 2005 and sub-rule (1) (i) (ii) of rule 3 of the CCS (Conduct) Rules, 1964.";


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