WP(C) 1678/2012. Gauhati High Court

Case Number:WP(C) 1678/2012
Judgement Date:May 25, 2020
Court:Gauhati High Court
SUMMARY

Other service matters with respect to State Govt Employees

 
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THE GAUHATI HIGH COURT AT GUWAHATI

(The High Court of Assam, Nagaland, Mizoram and Arunachal Pradesh)

PRINCIPAL SEAT AT GUWAHATI

WP( C) No. 1678/ 2012

Manabendra Bhatta,

Son of Late Harmohan Sarma Resident of Fatasil Ambari, Dhirenpara, Jyotipath,

P.O.-Ambari, Guwahati-781025, Dist.-Kamrup(M), Assam

-Versus-

1) The State of Assam

represented by the Secretary to the Government of Assam,

Cultural Affairs Department, Dispur, Guwahati-6

2) The Director of Cultural Affairs, Assam, Rabindra Bhawan, Guwahati-781001

3) The Director of Pension,

Housefed Complex, Dispute, Guwahati-6

4) The Accountant General Assam.

WP(C) No.6084/2016 Page 1 of 4

…… Petitioner.

..… Respondents.

BEFORE

THE HON’BLE MR. JUSTI CE NELSON SAI LO

For the Petitioner : Mr. M.I . Hussain,

Advocate.

For the respondents : Ms. M. Bhattacharya,

Govt. Advocate.

Ms. R. Akhtar,

Advocate

Date of Hearing & Judgment : 25th May, 2017

JUDGMENT AND ORDER( ORAL)

Heard Mr. M.I . Hussain, the learned counsel for the petitioner. Also heard Ms. M. Bhattacharya, the learned Additional Senior Government Advocate, Assam, for the respondent Nos. 1, 2 and 3 as well as Ms. R. Akhtar, the learned counsel for the Accountant General’s Office, for the respondent No.4.

  1. By this writ petition the petitioner has challenged the show-cause notice dated 30.01.2012 (Annexure-24) which was issued under Rule 9 of Assam Services (Discipline and Appeal) Rules, 1964 read with Article 311 of the Constitution of I ndia, under which the charges of alleged misappropriation of Government money while the petitioner was functioning as cashier between the year 1987-91 has been made against him. The petitioner has also challenged the communication dated

    09.01.2012 (Annexure-25), whereby, the Secretary to the Government of Assam, Cultural Affairs Department, Dispur, had instructed the Director of the same Department to conduct and complete the inquiry against the writ petitioner.

  2. Mr. M.I . Hussain, the learned counsel for the petitioner, submits that since the writ petitioner retired from service on 31.12.2008, no

    WP(C) No.6084/2016 Page 2 of 4

    Departmental proceeding can be drawn up against him or any retired Government servant unless the requirement of Rule 21 (b)(i) and (ii) of the Assam Services (Pension) Rules, 1969 are satisfied. I n the instant case, the alleged misconduct relates to the year 1987-91 and the respondents without fulfilling the provisions of law as provided under the Pension Rules cannot initiate such...

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