NAZRUL ISLAM Vs. CHAIRMAN, ASSAM STATE WAREHOUSING CORPORATION AND ORS.

JUDGEMENT

(1.) BEING inflicted with minor punishment of withholding of 2 increments with cumulative effect, petitioner Sri Nazrul Islam has approached this court on 24.2.1997 to invoke power of this court under Article 226 of Constitution alleging violation of Articles 14, 311 and provisions of Assam State Warehousing Corporation (in short ASWC) (Staff) Regulation, 1980 and violations of Assam Civil Services (Discipline and Appeal) Rules, 1964 etc. (It is stated by respondents that Regulations of 1980 has since been replaced by ASWC (Staff) Regulations, 1989.)

(2.) THE petitioner was appointed as Technical Assistant under ASWC in the year 1980. He attended training at New Delhi successfully and thereafter was transferred to and posted at Tangla, Maidamgaon and Karimganj. He was then posted at Silchar by order dated 23.10,1992 and entrusted with responsibility to open proposed Silchar Centre II of ASWC. He was facing staff shortage and by repeated letters asked for the experienced staffs but the authority refused to respond sympathetically.

(3.) THAT there were inspection on 23.4.1993 to 27.4.1993 by Divisional Manager followed by Area Manager and General Manager on 4.6.1993 and petitioner being asked submitted his explanations. On 13.8.1993 the Deputy Manager (Inspection) inspected the Warehouse at Silchar, Centre -II and submitted inspection report where he found 104 bags of MOP short in stock and on receipt of report petitioner was put under suspension, vide order No. AWC -40/93/Silchar -II/47 dated 27.8.1993, modified by order dated 1.9.1993.