Jadab Chandra Nath Vs the State of Assam and 2 Ors.

Heard Mr. R. Majumdar, learned counsel for the petitioner. Also heard Mr. D. Gogoi, learned Standing Counsel, Forest Department appearing for the respondents.

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2. The petitioner, by way of instituting the present proceeding has prayed for a direction upon the respondent authorities to conclude the departmental proceeding so instituted against him vide issuance of a show-cause notice dated 17.02.2022 within a reasonable period of time.

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3. As projected in the writ petition, the petitioner while working as a Divisional Forest Officer, North Lakhimpur Division, he along with one Josimuddin Ahmed, Assistant Conservator of Forest of the said Division, came to be arrested on 05.10.2020 in connection with ACB P. S. Case No. 11/2020, under Section 7(a) of the Prevention of Corruption Act, 1988 (as amended). The said case and consequent arrest of the petitioner in connection thereto, was in pursuance to an FIR lodged by on 29.09.2020 by one Md Jamiruddin, alleging that the petitioner herein had demanded bribe for release of his tractor loaded with timber. On the petitioner being placed under arrest, the Secretary to the Government of Assam, Environment and Forest Department, vide an order dated 29.10.2020, proceeded to place the petitioner under suspension w.e.f., 05.10.2020. The suspension of the petitioner having been prolonged and the same not having been reviewed, the petitioner has assailed the same by way of instituting a Writ Petition being WP(C) No. 201/2022 before this Court.

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4. This Court, vide order dated 14.02.2022, on examination of the issue arising

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in the proceeding, was pleased to dispose of the same by granting two weeks’ time to the respondent authorities to review the order of suspension of the petitioner dated 29.10.2020 and pass an speaking order thereon. Pursuant to the passing of the said order dated 14.02.2022, the disciplinary authority of the petitioner, proceeded to institute a departmental proceeding against the petitioner vide issuance of a show-cause notice dated 17.02.2022. The petitioner, thereafter, had submitted his written statement of defense on 23.03.2022, in response to the allegations so levelled against him vide the said show-cause notice dated 17.02.2022.

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5. The respondent authorities, on review of the order of suspension so issued against the petitioner, proceeded vide order dated 18.05.2022 to reinstate him in service with immediate effect. The petitioner on being reinstated in his service, on revocation of his order of suspension, was transferred and posted as Deputy Conservator of Forest (GIS), attached to the establishment of the Chief Conservator of Forest (Research, Education and Working Plan). The departmental proceeding having not taken to its logical conclusion, the petitioner had instituted the present proceeding.

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6. The learned counsel for the petitioner has reiterated the above facts and has submitted that the criminal proceeding so instituted against him, no charge-sheet has been filed till date and the matter is still in the stage of investigation. Mr. R. Majumdar, learned counsel for the petitioner has further submitted that in pursuance to the show-cause notice dated 17.02.2022 and the submission of the written statement of the petitioner thereto, an enquiry officer was appointed in the matter and the enquiry was concluded, however, the report of the enquiry officer was not considered by the disciplinary authority and no order(s) thereon, has been passed inspite of lapse of considerable period of time.

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7. This Court, on being apprised of the said position had required the learned

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Standing Counsel, Forest Department to receive his instructions in the matter. The learned Standing Counsel, on instructions, has submitted that the enquiry officer had submitted his report on 11.03.2024, wherein, it was opined that the charge of gross mis-conduct and criminal breach of trust as levelled against the petitioner in the show-cause notice dated 17.02.2022, will sustain or not sustain, depending upon the outcome of the investigation of the criminal case so instituted against him. Accordingly, the learned Standing Counsel, Forest Department was directed vide order dated 19.11.2024, to receive instructions as to the decision arrived at by the disciplinary authority in pursuance to the submission of the said enquiry report by the enquiry officer, however, no such decision came to be placed before this Court.

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8. Mr. D. Gogoi, learned Standing Counsel, Forest Department has however, placed before this Court the enquiry report submitted by the enquiry officer on 11.03.2024; and has prayed that this Court would pass appropriate order(s) thereon.

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9. I have heard the learned counsels appearing for the parties and perused the materials placed on record.

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10. At the outset, it is to be noted that the petitioner was, vide the show-cause notice dated 17.02.2022, levelled with the following charges:-

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“ Charge 1: Gross misconduct and criminal breach of trust:

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That while you were discharging your duties as the Divisional Forest Officer, Lakhimpur Division, Lakhimpur on 14th March, 2019 to 5th October, 2020 you were caught red handed in your office chamher by the sleuths of the Directorate of Vigilance and AntiCorruption Branch, Assam, while accepting gratification amounting to Rs 50,000.00 (Rupees Fifty Thousand) only, allegedly from one Md. Zamiruddin in lieu of release of the seized vehicle in connection with illegal transportation of timbers. You were subsequently arrested by the sleuths of the Vigilance and Anti Corruption Branch and produced before

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the competent court. On the same account the Assistant Conservator of Forests of the Division, Sri Jasimuddin Ahmed too was caught red handed> and arrested along with another field staff namely Sri Pranab Jyoti Dutta, Fr-1 who was allegedly engaged to work and deal with the office files relating to Forest Offence cases of the Division.

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In this context a complaint case was lodged against you by one Md.Zamiruddin, S/O Md Safir Uddin of Gohaindoloni, P.S. Bihpuria, Lakhimpur on 29/09/2020 for demanding money bribe and a case was registered against you by the Superintendent of Police, Vigilance & Anti - Corruption, Assam ACB P.S. case No.11/2020 U/S7 (a) of PC Act, 1988 (as amended, 2018) for investigation.

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On the basis of the complaint lodged by Md. Zamiruddin, Vigilance & Anti Corruption team of Assam l'olice laid the trap on 5th October, 2020 to catch the alleged corrupt officials red-handed while accepting the bribe of Rs. 50,000/- at the office of Divisional Forest Officer, Lakhimpur Division. Sri Jasimuddin Ahmed, ACF received the bribe money of Rs. 50,000/- from the complainant and handed over the bribe money to you (the DFO Sri Jadav Ch. Nath in his designated office chainber). At that time the bribe money was allegedly mixed with phenolphthalein powder and recovered from your hand & both of you were arrested immediately on the charge of demanding and receiving bribe money and seized the article from your custody. Sri Pranab Jyoti Dutta, Forester I was also arrested who alleged to have played a vital role in demanding money on behalf of his senior.

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Entire episode goes to show that you had utterly failed to maintain the trust reposed on you by the Government of Assam and indulged in malpractices thereby exhibiting gross misconduct in your service. Therefore, you are charged with Gross misconduct and criminal breach of trust .”

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11. The petitioner, vide his written statement of defense dated 23.03.2022, had denied the said charge so levelled against him and also furnished his explanation thereto. The explanation as furnished by the petitioner vide his written statement of defense not being found to be satisfactory, the respondent authorities had appointed an enquiry officer to enquire into the said charge so levelled against

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the petitioner vide the show-cause notice dated 17.02.2022. The enquiry officer, on conclusion of the enquiry, had submitted his enquiry report on 11.03.2024 and therein, had concluded as follows:-

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“ Therefore, whether the this charge of Gross Misconduct and Criminal Breach of trust will sustain or not will depend on the outcome of investigation of the case No.11/2020 U/S 7(a) of PC Act, 1998 (as amended, 2018) filed by the Vigilance and Anti-Corruption, Assam.”

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12. A perusal of the said conclusion so drawn by the enquiry officer with regard to the charge so levelled against the petitioner, vide the show-cause notice dated 17.02.2022, would go to reveal that it was not possible for the allegation so levelled against the petitioner to be so established in a departmental proceeding and accordingly, the enquiry officer had opined that the same is to be so determined upon a decision being rendered by the competent Court of law in the criminal proceeding so instituted against the petitioner herein.

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13. At this stage, it is to be noted that the petitioner had retired from his services on reaching the age of superannuation w.e.f., 31.12.2023, and a provisional pension is being paid to the petitioner herein. The enquiry report of the enquiry officer was so submitted on 11.03.2024; however, the disciplinary authorities of the petitioner had not taken any decision thereon.

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14. Given the conclusions so arrived at by the enquiry officer and the same not having been disagreed by the disciplinary authority, it is held that the charge so levelled against the petitioner in the departmental proceeding so instituted against him, vide issuance of the show-cause notice dated 17.02.2022 cannot be determined in such proceeding.

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15. In absence of any such disagreement note from the disciplinary authority of the petitioner with regard to the findings and conclusions reached by the enquiry officer in his enquiry report dated 11.03.2024, this Court is of the considered view

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that no fruitful purpose would be served by continuing with the departmental proceeding so instituted against the petitioner. Accordingly, in the light of the conclusions reached by the enquiry officer, this Court hereby proceeds to set aside the show-cause notice dated 17.02.2022 as issued to the petitioner herein.

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16. In view of the interference made by this Court to the show-cause notice dated 17.02.2022, it is to be deemed that there is now no departmental proceeding pending against the petitioner and accordingly, the petitioner would be entitled to be authorized his pension and other pensionary benefits in pursuance to his retirement on reaching the age of superannuation w.e.f., 31.12.2023. Accordingly, it is directed that the respondent authorities would now process the pension and pensionary benefits receivable by the petitioner and submit a proposal in this connection before the Accountant General (A & E), Assam for disbursement of the same.

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17. In view of the above conclusions reached by this Court, the respondent authorities are directed to prepare a proposal for authorizing to the petitioner his pension and pensionary benefits w.e.f., 01.04.2024, and submit the same before the Accountant General (A & E), Assam, within a period of 3(three) months from the date of receipt of a certified copy of this order.

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18. It is directed that the Accountant General (A & E), Assam, on receipt of such proposal pertaining to the pension and pensionary benefits, receivable by the petitioner shall process the same and disburse the due benefits receivable by the petitioner in this connection within a period of 1(one) month from the date of receipt of such proposal from the departmental authorities.

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19. It is further provided that in the event the petitioner is convicted in the criminal proceeding so instituted against him, the departmental authorities would be at liberty to take appropriate steps in the matter as may be called for, in accordance with law and the conclusions reached by this Court, being wholly in

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relation to the departmental proceeding so instituted against him would not act as a bar in such situation.

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20. With the above observations and directions, the writ petition stands disposed of.

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JUDGE

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Jadab Chandra Nath v. the State of Assam and 2 Ors.

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Jadab Chandra Nath v. the State of Assam and 2 Ors.

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