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

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<strong>Service</strong> Group B post. On his promotion, he was posted as Administrative Officer (Gazetted) at<br />

Thenzawl vide the notification dated 8.10.1985. While he was serving as Administrative Officer<br />

(Gazetted) Kawnpui, Aizawl District in the year 1988, a Disciplinary proceeding (hereinafter called<br />

“Thenzawl Case”) was initiated against him vide Memorandum No.C.14013/14/88-Pers(B) dated<br />

10.6.1988 for his act of omission or commission while functioning as Administrative Officer (Gazetted)<br />

at Thenzawl during the period from 30.10.85 to 8.6.86. The article of charge against him is at Annexure-<br />

3 to the writ petition, which is reproduced herein below:<br />

“Pu Lalkhumtira, Administrative Officer (G) Kawnpui while functioning as<br />

Administrative Officer (G) Thenzawl during the period from 30.10.1985 to 8.6.1987<br />

had caused heavy pecuniary loss to the Government to the tune of Rs.13,14,438.97/-.<br />

The said Pu Lalkhumtira, Administrative Officer (G) Kawnpui by his above act exhibited lack of<br />

integrity, lack of devotion to duty and conduct which is unbecoming of a Govt. servant and thereby<br />

contravening sub-rule (1)(i)(ii) & (iii) of Rule 3 of C.C.S. (Conduct) Rules, 1964”.<br />

4. The petitioner submitted his written statement of defence in which he denied the charges<br />

framed against him and explained as to how there was no pecuniary loss to the tune of Rs.13,14,438.97<br />

caused to the Government. It may be noted that in connection with his misappropriation case, a<br />

criminal case, being G.R. Case No.107/90 U/s 409 IPC was also charged against the petitioner.<br />

5. Another Departmental proceeding (hereinafter called “Aibawk Case”) was initiated against<br />

the petitioner vide Memorandum No.C.14012/3/93-P&AR (CSW) dated 8.8.94 with the following<br />

article of charge:<br />

Mizoram PSC<br />

“That the said Pu Lalkhumtira, S.Dy.M., Lawngtlai while functioning as B.D.O.,<br />

Aibawk from 9.12.91 to 30.3.93 misappropriated IRDP Subsidy, JRY and IAY works<br />

amounting to Rs.2,35,630/- (Rupees two lakhs thirty five thousand six hundred thirty)<br />

only causing heavy pecuniary loss to the Government.<br />

The said Pu lalkhumtira, S.Dy.M., Lawngtlai by his above act exhibited lack of integrity,<br />

lack of devotion to duty and conduct unbecoming of Govt. servant and thereby<br />

contravening Sub-rule (i), (ii) and (iii) of Rule 3 of C.C.S. (Conduct) Rules, 1964”.<br />

6. The petitioner, duly submitted his written statement of defence denying the charge framed<br />

against him and explaining the reasons as to why there was a shortage of Rs.2,35,630/- for the period<br />

from 9.12.91 to 30.3.93 while he was functioning as BDO, Aibawk.<br />

791

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