SECRETARY OF THE GOVERNOR OF ASSAM Vs. MADAN CHANDRA MAHANTA

JUDGEMENT

(1.) This Writ Appeal is directed against the judgment and order dated 19.7.94 passed by a learned Siingle Judge of this Court in Civil Rule No.1046 of 1994 thereby quashing the order of removal from service of the writ-petitioner-Respondent in exercise of power under clause (C) of Article 311 (2) of the Constitution of India and Rule 10 (III) of the Assam Services (Discipline & Appeal) Rules, 1964. The order passed against the writ petitioner-Respondent reads as follows : "Whereas the Governor of Assam is satisfied that the continuation of services of Shri Madan Chandra Mahanta, Chaprasi, Raj Bhawan in the Governor's Secretariat is not in the interest of security of the State. Whereas, in exercise of the powers under Clause (C) of Article 311 (2) of the Constitution of India, read with Rule 10 (III) of the Assam Services (Discipline and Appeal) Rules, 1964, Governor of Assam is satisfied that it is not expedient to hold departmental inquiry and to follow procedure as laid down in the said Article and the said Rules in the matter of disciplinary action against Shri Madan Chandra Mahanta, Chaprasi. Therefore, in exercise of the powers laid down under the clause (c) of Article 311 (2) of the Constitution of India read with rule 10 (III) of the Assam Service (Discipline and Appeal) Rules, 1964, the Governor of Assam is pleased to order to dispense with the inquiry and to remove Shri Madan Chandra Mahanta, Chaprasi from the service of Raj Bhawan Governor's Secretariat with immediate effect".

(2.) The: few basic facts may now be noted. In the year 1989 the writ petitioner-Respondent was appointed as 'Chaprasi' on casual basis at Raj Bhavan. By a subsequent order dated 8.12.1990 he was appointed temporarily for a period of 3 months. The appointment however continued without any break till he was dismissed from service by order dated 31.12.93 as noted above. On 11.6.93 around 11.45 P.M., an incident of dacoity occurred at the Raj Bhawan campus, it was reported to the Latasil Police Station of Guwahati. This report is reproduced hereunder : To The Officer-in-Charge, Latasil P.S. Guwahati. Sir, I am to inform you that yesterday night i.e. on 11.6.93 at about 11.45 P.M. about 8/9 persons armed with draggers came to my residence and after tying me and my father Sri Sanjay Kaul took away cash, gold and silver ornaments and pistal being No. 1113783-7, one sound, two cameras, two jackets, one full sweater. One umbrella, two jackets, two ladies purses and watches etc. after threatening with dire consequences." Yours faithfully, Sd/- Iliogible W/O Capt. Rajeev Raina

(3.) The FIR lodged by wiife of Capt. Rajeev Raina, the then ADC to the Governor resulted in registration of a case under Section 395 1PC being Latasil P.S. Case No. 17 of 1993. The writ petitioner respondent was arrested by police in connection with the aforesaid case was latter released on bail by the Court's order and is now facing criminal prosecution along with others for charge under Section 395 IPC. It was in the back drop of the above incident that the order of removal from service was passed by the Governor of Assam in exercise of power under clause (C) of Article 311 (2) of the Constitution of India read with Rule 10 (III) of the Assam Services (Discipline & Appeal) Rules, 1964. Similar orders were also passed against Promode Baishya, a peon in the Raj Bhawan under Governor's Secretariat and Prabhat Ch. Das, a cook in the Raj Bhaban. All the three separately challenged these orders in Writ Petitions. Civil Rule No. 834 of 1994 was filed by Prabat Ch. Das, Civil Rule No.1633 of 1994 was filed by Pramod Baishya and Civil Rule No.1046 of 1994 by Sri Madan Ch. Mahanta.