SRI KESHAB CHANDRA SARMA Vs. STATE OF ASSAM AND ORS.

JUDGEMENT

(1.) THE Petitioner Sri Keshab Chandra Sarma was appointed an Assistant in the Lower Division grade in the Assam Secretariat in 1948. On the 3rd December 1949 he was appointed a Sub -Inspector of Taxes in which he was confirmed on the 3rd December 1951. In the year 1953 he was promoted to the permanent cadre of the Inspector of Taxes. Proceedings were drawn up against the Petitioner by the Assistant Commissioner of Taxes, Assam and he was asked to show cause on or before the 30th January, 1957 why he should not be dismissed from service or otherwise punished. The Petitioner submitted his explanation and after inquiry the inquiring officer found the Petitioner innocent of the charges and submitted his report to the Government on the 25th March 1957.

(2.) MAINLY the contention of the Petitioner is that he was not given any reasonable opportunity to show cause against the charges. It is further urged that the second inquiry was initiated at the instance of the Deputy Secretary to the Government of Assam, Finance Department and he had virtually expressed his opinion in the letter by which the matter was sent back to the inquiring officer for further inquiry. The folding of the inquiring officer is not thus his own finding. It is further contented that on proved facts Rule 11(d) of the government servant Conduct Rules, 1937 has not been properly interpreted by the inquiring officer and the necessary finding from which any presumption can be drawn against the Petitioner has not been given by the inquiring officer it is further contented that the order of dismissal is mala fide. The inquiring officer is biased.

(3.) THE Assistant Commissioner of Taxes framed the following charges against the Petitioner: