V.D. Gyani, J. - (1.) This appeal by the State of Assam is directed against the order dated 30.11.93 passed by a learned Single Judge of this Court in Civil Rule No. 3362/93 revoking the suspension order dated 5.8.93 passed against the writ petitioner respondent, who is a Member of the Assam Civil Service and was serving as a Deputy Secretary to the Government of Assam, Animal Husbandry and Veterinary Department at the relevant time.
(2.) By order dated 5.8.931 (filed as Annexure-1) the petitioner was suspended pending departmental proceeding. The order of suspension is reproduced hereinafter - "GOVERNMENT OF ASSAM DEPARTMENT OF PERSONNEL (PERSONNEL : A) ASSAM SECRETARIATE (CIVIL) DISPUR GUWAHATI-781006. ORDERS BY THE GOVERNOR OF ASSAM Dated Dispur, the 5th August, 1993. No. AAP. 127/93/5 : Whereas, Shri Jaiuddin Ahmed, ACS, while holding the post of Deputy Secretary to the Govt. of Assam, Veterinary Department had issued LOCs for huge amounts under his signature for purchase of materials like, medicines, feed etc, without any basis and assessment to field functionaries despite the fact that most of such purchases are centralised at the department level. Before issue of LOCs, budgetary provision had not been checked and verified but Shri Jiauddin Ahmed, ACS, who issued LOCs whimsically without maintaining any proper records either in the Registrar, L.O.Cs were issued even without any demand being placed by the Directorate of Animal Husbandry and Veterinary Department. And whereas, Shri Jiauddin Ahmed, ACS, had issued huge amount of LOCs under his signature in an excess of the amount released by the Finance (Budget) Department through LOCs and some LOCs were given but (Sick, by)Shri Ahmed directly to the suppliers and for which huge amount of Government money were drawn from the Treasuries and therefore, Shri Ahmed was party for wilfully defrauding Govt. in collaboration with the suppliers, causing huge financial loss to the State Government. And whereas, the Governor of Assam is satisfied that there are sufficient materials on records to drawn up department proceeding against Shri Jiauddin Ahmed, ACS/the then Deputy Secretary to the Govt. of Assam, Veterinary Department, now Deputy Secretary to the Govt. of Assam, Agriculture Department. And whereas, the Governor of Assam is satisfied that there are sufficiant materials on records to drawn up department proceeding against Shri Jiauddin Ahmed, ACS/ the then Deputy Secretary to the Govt. of Assam, Veterinary Department, new Deputy Secretary to the Govt. of Assam, Agriculture Department. And wherea:;, the Governor of Assam is satisfied that it is necessary and expedient to place Shri Jiauddin Ahmed, ACS, Deputy Secretary to the Govt. of Assam, Agriculture Department under suspension immediately. Therefore, pending drawal and conclusion of Departmental proceeding, Shri Jiauddin Ahmed, ACS, Deputy Secretary to the Govt. of Assam, Agriculture Department is placed under suspension under Rule 6(1) of the Assam Services (Discipline & Appeal) Rules, 1964 with immediate effect. BY ORDERS AND IN THE NAME OF THE GOVERNOR OF ASSAM Sd/- D. Jhingran Joint Secretary to the Govt. of Assam Personnel (A) Deptt., Dispur. Memo No. AAP. 127/93/501: Dated Dispur, the 8th August/93."
(3.) The Writ petitioner respondent challenged the aforesaid order of suspension, inter alia, on the grounds that the allegations and imputations made against him in Annexure-1, were factually incorrect, and false, the procedural requirements were such that LOCs (letter of credit) could not be issued by the Deputy Secretary alone as the same was procedurally required to be countersigned by Senior Financial Adviser. A One-Man Committee was appointed to go into the irregularities in the Veterinary Department, and while its report was still awaited, the petitioner had been transferred from the said department and had handed over charge on 27.8.92, as such, there was no justification for passing the impugned order of suspension.;