23.06.2026
Heard Mr. K. N. Choudhury, learned Senior Counsel assisted by Mr. D. J.
Das, learned counsel for the petitioner. Also heard Mr. D. Nath, learned
Government Advocate for the respondents.
2] This writ petition is filed by the petitioner, who is a Civil Service Officer and
is serving as a Joint Secretary to the Government of Assam, Handloom, Textiles
and Sericulture Department. On the basis of certain complaints received by the
Department an enquiry was instituted in regard to the anomalies of selection
process of 06(six) Master Weavers under the Directorate of Handloom & Textiles
and the petitioner was appointed as an Enquiry Officer. He conducted the
enquiry and submitted his report on 16.06.2022 to the Secretary of the
Government of Assam, Handloom, Textiles and Sericulture Department.
Subsequently, the competent authority disagreed with the conclusions arrived at
by the writ petitioner as an Enquiry Officer and upon finding fault with the
enquiry report a departmental proceeding was initiated against him. A show
cause notice dated 28.03.2023 was issued to the petitioner alleging that the
petitioner had given a clean chit to the recruitment process, which was
misleading and factually incorrect. It was further alleged that the respondent
authority submitted a report dated 06.10.2022 pointing out a series of
irregularities in the recruitment process. Based on the report of the then
Secretary, Handloom, Textiles and Sericulture Department, the enquiry report
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submitted by the petitioner was found to be false, incorrect and contained
misleading facts. The show cause notice was accompanied by the statement of
allegations and the list of documents and witnesses. Thereafter, the petitioner
was called upon to show cause and accordingly, he submitted his written reply
dated 12.04.2023. Enquiry was conducted against the petitioner and the Enquiry
Officer concluded that the charges framed against the petitioner are found to be
true. The enquiry report was submitted to the disciplinary authority and the
disciplinary authority accepted the findings of the enquiry report. A copy of the
report was furnished to the petitioner and a notice was also issued to the writ
petitioner requiring him to represent on the conclusions arrived at in the enquiry
report. Thereafter, by order dated 25.06.2024 the respondent authorities
imposed a punishment of penalty by withholding one increment with cumulative
effect on the writ petitioner and the departmental proceeding drawn up against
the petitioner by the show cause notice dated 28.03.2023 was disposed of.
