Disposed

Sri Biswa Kamal Duarah v. the State of Assam and 6 Ors.

Gauhati HC9 Sept 2019WA/235/2019

Case brief

AI extract

What is this about?

In this writ appeal challenging an order of suspension and subsequent recovery from pension, the High Court held that no surviving issue existed as proceedings had concluded with recovery, and disposed of the appeal as infructuous while reserving liberty to assail the recovery order.

What did the court decide?

No relief; appeal disposed as infructuous with liberty reserved to assail the departmental award order.

Sri Biswa Kamal Duarah Vs the State of Assam… — Pension and Retirement Benefits | Gauhati HC (2019)

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GAHC010158442019

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : WA 235/2019

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1:SRI BISWA KAMAL DUARAH S/O- LATE MANIK DUARAH, R/O- VILL.- MORANGI MOTORGAON, P.O. MARANGI, DIST.- GOLAGHAT, PIN- 785702.

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VERSUS

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1:THE STATE OF ASSAM AND 6 ORS.

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REP. BY THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM, DEVELOPMENT OF ENVIRONMENT AND FOREST, DISPUR, GUWAHATI781006.

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2:THE PRINCIPAL CHIEF CONSERVATOR OF FOREST AND HEAD OF FOREST FORCE ASSAM PANJABARI GUWAHATI- 781037.

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3:THE PRINCIPAL CHIEF CONSERVATOR OF FOREST (T) UPPER ASSAM ZONE KACHARIGHAT GUWAHATI- 781001.

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4:THE CONSERVATOR OF FORESTS NORTHERN ASSAM CIRLCE TEZPUR- 784005.

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5:THE DIVISIONAL FOREST OFFICER SONITPUR WEST DIVISION TEZPUR- 784001.

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6:THE ACCOUNTANT GENERAL ASSAM MAIDANGAON BELTOLA GUWAHATI- 781029.

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7:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM FINANCE DEPARTMENT DISPUR GUWAHATI- 781006

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Advocate for the Petitioner : MR. S BORTHAKUR

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Advocate for the Respondent : SC, FOREST

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BEFORE

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HON’BLE MR. JUSTICE ARUP KUMAR GOSWAMI, CHIEF JUSTICE (ACTING) HON’BLE MR. JUSTICE MANISH CHOUDHURY

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9.9.2019

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[Arup Kumar Goswami, CJ (Acting)]

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Heard Mr. S. Borthakur, learned counsel for the appellant. Also heard Mr. S. Biswas, learned Standing Counsel, Forest.

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Challenge in the writ petition was to an order of suspension dated 14.10.2017. The appellant was due to retire on 30.11.2017 and at that point of time he was serving as Deputy Ranger at Chaduar Range.

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The learned Single Judge disposed of the writ petition by observing that in case departmental enquiry is not concluded within a period of six months from the date of judgment i.e. 3.6.2019, the same shall be deemed to have been closed entitling the petitioner to all retiral and pensionary benefits in accordance with law.

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Mr. Biswas submits that by an order dated 29.8.2019 the departmental proceeding was concluded wherein charges were established and, accordingly, a sum of Rs. 89,756/- is directed to be recovered from his pension while treating the period of suspension as on duty for all purposes.

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In view of the above order dated 29.8.2019, Mr. Borthakur submits that there is no

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surviving issue in the appeal. He, however, contends that liberty may be reserved to the appellant to assail the order dated 29.8.2019, if so advised.

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Reserving such liberty to the appellant, the writ appeal stands disposed of as infructuous.

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JUDGE CHIEF JUSTICE(ACTING)

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Comparing Assistant

Sri Biswa Kamal Duarah v. the State of Assam and 6 Ors.

Case brief

What is this about?

What did the court decide?

Sri Biswa Kamal Duarah v. the State of Assam and 6 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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