TMI Blog1994 (3) TMI 404X X X X Extracts X X X X X X X X Extracts X X X X ..... rests. It has been alleged that by letter dated 20.12.74 vide Annexure 2 to the writ petition he was entrusted to deal with matters relating to timber operation. By order dated 10.9.90 he was appointed in the post of Deputy Chief Forest Officer vide Annexure 11. The Petitioner has alleged that while he was posted as Assistant Conservator of Forests, he worked faithfully and diligently and thereby increased the royalty from timber for the District Council. 3. A show notice dated 3rd April, 1992 vide Annexure 13 was issued by the Principal Secretary of the N. C. Hills Autonomous District Council, Haflong asking the Petitioner to show cause, inter-alia, as to why he divulged official information to public without going through the proper ch ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mation extracted from Mill Owners under threat and thereafter circulating the same to Karbi Students Association and to the council and Sentinel Newspaper without bringing the same to your immediate superior authority for the purpose of putting undue pressure on the Council for your promotion. You are therefore, charged with mis-conducting yourself and leaking out official information to outside agencies in violation of Official norms. 3. You have compelled the proprietor of R.C. Timber to pay a sum of 50,000/- for the purpose of purchase of Truck No. ASN - 8014 in the name of your wife by misusing your official position. You have also look one Jeep and one VCR from R.C. Timber for your personal use by mis-using your authority. You are, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rdingly, the inquiry proceeded and completed and the inquiry report was submitted. The said report has been annexed as Annexure 44. 5. In the said Report I find that the Inquiry Officer found charge No. 1 proved. The said charge was acting beyond jurisdiction by the Petitioner. The Inquiry Officer also held that the Petitioner used to visit occasionally the Mills of the persons named in the report. Regarding Charge No. 2, the Inquiry Officer held that the charge regarding leaking of official information could not be proved but the charge of entering into the jurisdiction of other persons illegally was found to be proved. Regarding charge No. 3 no proper finding was given by the Inquiry Officer. Similar was the case in respect of Charge N ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... legality according to Mr. Das in the proposed punishment. 10. Clause (ii) of Rule 7 of the said Rules runs as follows: 7. (ii) Withholding of increments or promotion: Therefore the intention of the Rule Maker is very clear that the authority cannot impose the punishment of with holding of increments and promotion; only one punishment can be imposed, namely, either withholding of increments or promotion. 11. In view of the above legal position, I find considerable force in the submission of Mr. A. Sarma and hold that the proposed punishment is not in accordance with law. 12. According to Mr. Sarma the appointing authority of the Petitioner, namely, Executive Committee of the District Council has not passed any order and all ac ..... X X X X Extracts X X X X X X X X Extracts X X X X
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