Compilation Vol 3 Corrected (1-943).pmd - Goa Public Service ...

790
IN THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM: NAGALAND: MEGHALAYA: MANIPUR: TRIPURA:
MIZORAM & ARUNACHAL PRADESH)
AIZAWL BENCH ::: AIZAWL
WRIT PETITION (C) No.17 OF 2004
D.D. 01.04.2005
Hon’ble Mr. Justice T.Vaiphei
Sh. Lalkhumtira ... Petitioner
Vs.
The State of Mizoram & Ors. ... Respondents
Disciplinary Proceeding:
Whether acquittal in criminal case pertaining to subject matter of the disciplinary proceeding bars
the finding of guilt recorded by the Disciplinary Authority? – No
In two Department inquiries taken up against the petitioner regarding shortage of Rs.2,35,630/while
he was functioning as B.D.O. he was found guilty of penalty of withholding 1/3 of his pension for
a period of two years has been imposed – Overruling the objections that two documents which were
not mentioned in the charge sheet were relied upon for recording the finding of guilt and fact of
acquittal in the criminal case has been overlooked the High Court has dismissed the writ petition.
Held:
It is settled law that the finding of disciplinary authority cannot be interfered with by this Court
unless the finding is perverse or based on no evidence and that if there are two possible views on the
matter, the view of the disciplinary authority cannot be interfered with.
Case Referred:
Mizoram PSC
1999 (2) SCC 10 - Kuldeep Singh –versus- Commissioner of Police
ORDER
1. This writ petition is directed against the Disciplinary proceeding initiated against the petitioner
which culminated in imposing a penalty of withholding 1/3 of his pension admissible to him for a period
of two years starting from the month of October, 2002 and against the impugned decision of the Government
rejecting his representation for regularization of his service and promotion to MCS Junior Grade.
2. I have heard Mr.A.R.Malhotra, learned counsel appearing for the petitioner. I have also
heard Mr. N.Sailo, learned Govt. Advocate appearing for the State respondents.
3. The facts material for disposal of this writ petition are that the petitioner was initially appointed
as Non Gazetted Administrative Officer and was subsequently promoted to the Subordinate Civil