Debazeet Deb Ray vs State Of Assam And 4 Ors

Sl.

No.",Date,Subject/ charges (gist).

1,31.10.2000,1st suspension order.

2,15.07.2005,"Irregularity and absence from duty; rude and misbehavior with

gazetted officers, demand of money from field officers and

threatening to officers.

3,29.06.2005,"Threatening calls made in night and demanding money on two

occasions.

4,13.01.2006,"Complaint regarding irregular duty and leaving office regularly

without notice.

5,16.02.2006,"Letter by Chief Engineer, PWRD, to takea ction against the

petitioner.

6,25.07.2006,"Frequent unnecessary deputations in the name of PWD

Employee’s Union and demanding undue advantage;

interference with office administration.

7,27.07.2006,Explanation sought from the petitioner.

8,07.08.2006,Information given to petitioner regarding his untrustworthiness.

9,08.08.2006,"Unlawful activities in the name of PWD Employee’s Union in

violation of Rules 3(1), 7, 15, 21 of the Assam Civil Service

Conduct Rules, 1965.

10,22.08.2006,"Executive Engineer writes to the Chief Engineer, PWRD,

seeking transfer of petitioner on the ground of lack of integrity

and unlawful activities in the name of Union, hampering work.

11,18.07.2009,"Explanation sought from the petitioner. Warned and cautioned of

disciplinary action.

12,22.03.2010,"Detailed report by S.E., opining that activities is not encouraging,

behavior- negative attitude, integrity- poor. Petitioner had

engaged himself in agitation programmes, utilizes other staffs

to put officers under pressure and creating embarrassing

situation.

13,10.08.2011,"Reply to letters by State Information Commission regarding the

petitioner.

14,10.01.2014,"Complaint regarding mental harassment, putting false blames.

This was pursuant to complaint letter dated 26.10.2013 by J.E.

and 115 employees.

15,29.03.2014,"Complaint regarding denial of receipt of P.L.I. policy submitted

by one employee.

16,24.07.2014,2nd suspension order.

17,Missed out,Missed out.

18,01.08.2014,"Request made to depute Magistrate to recover documents from

custody of the petitioner.

19,17.12.2014,Report by Deputy Commissioner against the petitioner.

20,26.03.2015,Appellate order in appeal.

21,04.03.2015,Enquiry report.

22,04.12.2015,Enquiry report submitted.

23,14.12.2015,Proposal to impose penalty on petitioner.

24,15.09.2016,"After revoking suspension, petitioner made vigorous attempt to

transfer employees, got himself an order to deal with bills by

pressurizing E.E.. Later on orders recalled.

25,22.04.2020,Complaint by four contractors forwarded.

26,19.05.2020,3rd suspension order.

27,01.06.2020,"E.E. informed that the petitioner did not hand over cheque books,

keys of almirah and locker, paralyzing works. Request was made

to depute a Magistrate to recover those. Documents handed over

by petitioner on 23.06.2020 after 34 days of suspension.

had been served, “the directions issued by it would not be relevant to his case.â€​",,

In this present case in hand, unlike facts in the case of Ajay Choudhary (supra), the case also, the disciplinary proceedings have already been",,

initiated and charge-memo with definite charges have been served on the petitioner. The petitioner was served with suspension order (third in his,,

career) on 19.05.2020, followed by issuance of show-cause notice on 20.05.2021, which was followed by second show-cause notice dated 14.09.2020,",,

which was accompanied with statement of allegations and list of documents. In para-11 of their affidavit-in-opposition, cause of delay has been",,

attributed to Covid-19 pandemic situation, consecutive retirement of 2 (two) Additional Chief Engineers, PWRD, Barak Valley, Silchar and retirement",,

of Superintending Engineer, PWRD, Cachar Road Circle, Silchar and Chairman of the Enquiry Committee. It is projected that the time for submission",,

of report by the Committee had been extended by three more months till 09.02.2021 vide speaking order no.27 of 2021 dated 12.11.2020 and that as,,

on 03.02.2021, i.e. the date of filing of the affidavit-in-opposition, the sitting of the Enquiry Committee took place on 7 dates, i.e. 01.06.2020,",,

23.06.2020, 02.07.2020, 21.07.2020, 29.07.2020, 03.11.2020 and 25.01.2021 and that the Enquiry Committee report was likely to be submitted within a",,

short time. The Court is bound to take notice of restricted officers, etc., due to Covid-19 pandemic, which is continuing till this date, which in turn has",,

caused undue delay in all conceivable official and/or Governmental activities and it is quite possible that the enquiry and/or disciplinary proceeding,,

against the petitioner got delayed.,,

Therefore, when the allegations against the petitioner is that he (i) lacks integrity, (ii) is untrustworthy, (iii) lacks devotion to duty, (iv) pressurizes",,

and threatens superior officials, (v) demands money from field officers, etc., it is found that the case of Ajay Choudhary (supra) and Atfur Rahman",,

(supra) do not come to the rescue of the petitioner. Therefore, taking note of the nature of allegations made against the petitioner, the Court is of the",,

considered opinion that this is not a fit and proper case for ordering quashing of the impugned order of suspension dated 19.05.2020. Accordingly, the",,

Court is inclined to order as follows:-,,

a. The disciplinary proceedings be concluded within an outer period of 45 (forty-five) days from the date of this order.,,

b. It is needless to mention that in order to complete the disciplinary proceedings within the time stipulated above, the petitioner is expected to give",,

fullest co-operation to the respondents.,,

c. If the disciplinary proceeding against the petitioner cannot be concluded within the herein before allowed period of 45 (forty five) days, the",,

respondents are directed to pass appropriate order to reinstate the petitioner in service with full salary and other emoluments. However, it would be",,

open to the respondents to treat the petitioner on leave, pending departmental proceeding, with entitlement to full salary till logical conclusion of the",,

disciplinary proceeding.,,

This writ petition stands disposed of in terms of above. However, there shall be no order as to costs.",,