Citation: CWJC No.1118 of 2020
Coram: Honourable Mr. Justice Dr. Anshuman
Decided On: 02-11-2023
Introduction:
The present writ petition has been filed for setting aside the order contained in Memo No.3839 dated 30.04.2019 passed by respondent, by which minor punishment has been inflicted upon the petitioner relating to (i) Censor and (ii) reduction to the lowest stage in the time scale of pay for a period of two years without cumulative effect. The further prayer made in the present writ petition is also for setting aside the appellate order contained in Memo No.3405 dated 19.09.2019 issued by respondent by which the original punishment order dated 30.04.2019 has been affirmed.
Facts:
The petitioner was appointed as Co-operative Extension Officer and submitted his joining on 08.11.1989 being his first posting at Motihari. During the relevant period in the year 2010 he was posted as Block Development Officer and his services was deputed to the Rural Development Department. when he was posted at Naubatpur then a show-cause notice was issued vide letter No.8119 dated 23.09.2016 by respondent and he was directed to file a show cause against the charges framed by the District Magistrate. In compliance of the said letter, the petitioner has filed his show cause on 03.10.2016 denying the charges and a categorical pleading has been taken by him that inquiry was conducted by District Statistics Officer behind his back and he has denied all the charges alleged against him.
The petitioner further submits that disciplinary authority has issued an order contained in Memo No.9338 dated 09.11.2016, by which it was decided to conduct the disciplinary proceeding against him under the CCA Rules, 2005. It was categorical direction of the disciplinary authority that inquiry officer has to conduct the inquiry and submit a report under Rule 17(23) of the C.C.A. Rules, 2005. Petitioner further submits that in the light of the said Memo No.9338 dated 09.11.2016, the proceeding has to be initiated in accordance with law as laid down in the C.C.A. Rules, 2005, but in complete violation of the said Rule punishment order was passed and communicated to him vide Memo No.3839 dated 30.04.2019.
Rules, 2005, which is subject to the provisions of Rule 18(3) of the C.C.A. Rules, 2005, then in that case all procedure applicable to the major penalty has to be followed. But here in the present case no such procedure has been followed and, hence, the entire departmental proceeding as well as its finding are bad-in-law. Counsel of the State He submits that there is a categorical finding of the disciplinary authority that the delinquent has accepted that irregularity has taken place in the distribution of diesel. But he has thrown responsibility on the deficiency of Supervisor and requested that the Panchayat Secretary should be held guilty.
Counsel also submits that the delinquent had also tried to delay this matter on the ground of non-production of the demanded documents, but the said documents/evidences can be obtained under R.T.I. immediately and due to these two reasons the disciplinary authority holds the charges to be true and correct and had imposed punishment.
Court’s Analysis and Judgement:
If document has not been provided either by the inquiry officer or by the disciplinary authority even upon repeated demand, in that case the delinquent is supposed to obtain under R.T.I. is also not correct position of law. The C.C.A. Rules, 2005 is very clear on this point that it is the duty of the disciplinary authority to provide all the documents, which is going to be proved or which is the base of the charge to the delinquent as per Rule 17(3) of C.C.A. Rules, 2005. In absence of those documents even after repeated demand, the fault shall be of the disciplinary authority or inquiry officer. Hence the court decided that the order passed by the disciplinary authority as well as the appellate authority have to be set aside.
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