Allowed

Lily Dutta v. the State of Assam and 7 Ors.

Gauhati HC18 Jun 2019WP(C)/3734/2017

Case brief

AI extract

What is this about?

The Gauhati High Court allowed a writ petition seeking pensionary benefits. The petitioner, a retired lecturer, was denied pension dues by the college alleging fund misappropriation. The Court held that since no disciplinary proceedings were initiated against her after retirement, the college and Directorate of Higher Education must release her pension and consequential benefits within three month

What did the court decide?

Directing the respondents to release the petitioner's pensionary benefits forthwith within three months of receiving a certified copy of this order, with payment of provisional pension until regular p

Lily Dutta Vs the State of Assam and 7 Ors. — Pension and Retirement Benefits | Gauhati HC (2019)

¶1

Page No.# 1/7

¶2

GAHC010027992017

¶3

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

¶4

Case No. : WP(C) 3734/2017

¶5

1:LILY DUTTA

¶6

W/O SHRI ASHOK KR. BORAH, R/O JOGDUAR NARENG PACHANI GAON, PO-JOGDUAR, TEOK, DIST. JORHAT, ASSAM, PIN-785112

¶7

VERSUS

¶8

1:THE STATE OF ASSAM and 7 ORS.

¶9

REP BY THE COMMISSIONER and SECRETARY TO THE GOVT. OF ASSAM, HIGHER EDUCAITON DEPTT., DISPUR, GUWAHATI-781006

¶10

2:THE DIRECTOR OF HIGHER EDUCATION ASSAM KAHILIPARA GUWAHATI-19 3:CHANDRA KAMAL BEZBARUAH COLLEGE TEOK REPRESENTED BY ITS PRINCIPAL JOGDUAR TEOK PO-JOGDUAR-785112 DIST. JORHAT ASSAM

¶11

4:THE GOVERNING BODY OF CHANDRA KAMAL BEZBARUAH COLLEGE REP. BY ITS PRESIDENT JOGDUAR TEOK PO-JOGDUAR-785112 DIST JORHAT ASSAM 5:THE STATE BANK OF INDIA REP. BY ITS CHAIRMAN STATE BANK BHAWAN CORPORATE CENTRE

¶12

Page No.# 2/7

¶13

MADAME CAMA MARG MUMBAI-400021 MAHARASTRA 6:THE BRANCH MANAGER TEOK ADB BRANCH STATE BANK OF INDIA TEOK DIST. JORHAT ASSAM 7:THE SUPERINTENDENT OF POLICE JORHAT DIST. JORHAT ASSAM 8:THE OFFICER-IN-CHARGE TEOK POLICE STATION TEOK DIST. JORHAT ASSA

¶14

Advocate for the Petitioner : MS. R DEKA

¶15

Advocate for the Respondent : MR. K K DEY R- 5 and 6

¶16

BEFORE HON' BLE MR. JUSTICE MANASH RANJAN PATHAK

¶17

ORDER

¶18

Date : 18-06-2019

¶19

Heard Mr. B. D. Das, learned Senior counsel assisted by Ms. E. Deka, learned counsel for the petitioner and Mr. K. Gogoi, learned Standing counsel, Higher Education Department for the respondent Nos. 1 and 2. Also heard Mr. M. Smith, learned counsel for the respondent Nos. 3 and 4, Mr. K. K. Dey, learned Standing counsel, State Bank of India, for the respondent Nos. 5 & 6 and Mr. B. Deuri, learned Government Advocate, Assam for the respondent Nos. 7 & 8.

¶20

2) Petitioner joined as Lecturer in English in Chandra Kamal Bezbaruah (CKB) College, Teok on 01.12.1997, while the said college was under the system of Grants-in-Aid. Later said

¶21

Page No.# 3/7

¶22

college was brought under provincialisation under the provisions of the Assam College Employees (Provincialisation) Act, 2005. The petitioner was promoted to the post of Associate Professor in said college w.e.f. 01.01.2006, wherein she served as Principal incharge from 01.12.2015 to 31.01.2016 and she retired from service on 31.01.2016 on attaining the age of superannuation at 60 years.

¶23

3) Petitioner is entitled to her pensionary benefits amounting to (i) Rs. 1,41,300/- towards her GPF subscription, (ii) Rs. 50,935/- towards her arrear salary for the period from 01.01.1996 to 31.07.1997 and (iii) Rs. 2750/- towards her Dearness Allowance for the month of January, 2016. Further, she is also entitled to Group Insurance amount as per the order of the Government. But the authority of said CKB College, Teok did not pay her said pensionary benefits and rather sought to recover an amount of Rs.15,450/- from her on the ground of non availability of vouchers, to the payments that she made while she served as Principal incharge of said College. Alleging mis-appropriation of College fund by the petitioner and some other teaching and non teaching staff of said college, the authorities of said CKB College on 17.05.2017 lodged an FIR being Teok P.S. Case No.202/2017, corresponding to G.R. No. 1429/2017 registered under Sections 403/409/420 IPC.

¶24

4) The petitioner preferred AB No.1096/2017 before this Court seeking anticipatory bail in said Teok P.S. Case No.202/2017 and the Court by order dated 01.06.2017 passed in said AB No.1096/2017 granted her pre arrest bail. Further, on the basis of the said FIR against her, petitioners Savings Bank Account bearing No. 10758394022 with the SBI, Teok ADB Branch was freezed by the Investigation Officer of the case, which was later de-freezed and she was allowed to operate her said bank account.

¶25

5) The respondent Bank submitted an affidavit in the matter stating that as the concerned Sub Inspector and the Investigating Officer of said Teok P.S. Case No.202/2017 on 20.05.2017 requested the Branch of said SBI Teok ADB Branch to freeze the account of the petitioner, accordingly operation of her said bank account was stopped and the concerned Investigation Officer seized the relevant records including the transaction statement of said CKB College including its Salary Fund Account, Examination Fund Account, Development Fund Account and General Fund Account for the period from 01.12.2015 to 31.01.2016 as well as from 01.02.2016 to 07.09.2016 separately. In its affidavit, respondent Bank also stated that

¶26

Page No.# 4/7

¶27

the concerned I/O on 14.06.2017 informed the Bank authority to de-freez the account of the petitioner, which was done immediately de-freezing her said account, enabling the petitioner to operate her said bank account.

¶28

6) The respondent college authority filed an affidavit in the matter stating that an internal audit/enquiry regarding mis-appropriation of fund of the college pertaining to its UGC Fund Account, Salary Fund Account, Examination Fund Account, Development Fund Account and General Fund Account for the period from 01.12.2015 to 08.09.2016 was held that includes the period from 01.12.2015 to 31.01.2016 when the petitioner served as Principal in-charge of said college and during such inquiry, it was found that the petitioner made some transactions from those accounts without keeping any proper voucher, receipts and bills or official documents. As per its decision in the meeting held on 10.12.2016, the Governing Body of the College directed the petitioner to refund an amount of Rs.15,450/- that was found to have been illegally disbursed by her without observing necessary formalities, which has not yet been refunded/deposited by her.

¶29

7) As in the internal audit/enquiry report mis-appropriation of college fund was found, as per the decision of the Governing Body of the college in its meeting held on 17.05.2019, FIR was lodged before the Teok Police Station against the petitioner and other persons who have been found to have mis-appropriated the College Fund and accordingly, Teok P.S. Case No.202/2017 corresponding to G.R. No. 1429/2017 under Sections 403/409/420 IPC was registered.

¶30

8) The college authority further submitted that as the petitioner was found to have misappropriated college fund in disbursing the same without keeping any voucher, receipt, bills or official documents, the same was brought to the notice of the Directorate of Higher Education, Assam and thereafter, the Deputy Director of Higher Education, Assam vide his letter under No.DHE/CE/Misc-335/2016/75 dated 07.03.2017 issued show cause letter to the petitioner directing her to submit written statement with regard to the allegation levelled against her. In the said affidavit, the college authority has specifically stated that since there was a gross mis-appropriation of College Funds during her tenure as Principal in-charge of said college during 01.12.2015 to 31.01.2016 amounting to Rs. 86,270/-, therefore, the retirement dues to the petitioner has been withheld.

¶31

Page No.# 5/7

¶32

9) The petitioner has placed before the Court that pursuant to the direction of the DHE, Assam dated 02.02.2017, the Deputy Director of Higher Education, Assam by the said letter under No. DHE/CE/Misc-335/2016/75 dated 07.03.2017, being the Inquiry Officer to enquire into the financial irregularities of various funds of said CKB College, Teok asked her to submit written statement on or before 15.03.2017 regarding the expenditure of an amount of Rs. 5630/- on 11.01.2016 issued vide bearer Cheque for Higher Secondary 1^st year Terminal Examination during 2015-16 and an amount of Rs. 4,260/-, Rs. 1,500/- and Rs. 4,000/- on 04.01.2016 vide bearer cheques from said CKB College, Teok without any bills, vouchers during her tenure as Principal in-charge of said College, pursuant to which the petitioner on 15.03.2017 submitted her written statement.

¶33

10) It is submitted by the petitioner that after receiving her said reply on 15.03.2017, the Directorate of Higher Education, Assam did not initiate any Disciplinary Proceeding against her and rather she was asked to appear as a witness to a proceeding drawn against another Principal in-charge of said CKB College, Teok.

¶34

11) Mr. K. Gogoi, learned Standing counsel, Higher Education Department appearing for the respondent Nos. 1 and 2, on instructions of the Director of Higher Education, Assam categorically submitted that no Disciplinary Proceeding has been drawn up against the petitioner till date and that she was asked to appear as a witness in a Disciplinary Proceeding initiated against another Principal in-charge of said CKB College, Teok.

¶35

12) Mr. Das, learned Senior counsel for the petitioner in support of his submission placed reliance on the judgment of the Hon’ble Apex Court in the case of Bhagirathi Jena Vs. Board of Directors, O.S.F.C. and others reported in 1999 (3) SCC 666 as well as in the case of Manabendra Bhatta Vs. State of Assam and Others reported in 2017 (3) GLT 147 and submitted that as there is no Disciplinary Proceeding is pending against the petitioner, the respondent college authority cannot withheld her pensionary benefits and rather the college authority should pay the said benefits to her with interest.

¶36

13) Mr. Das, learned Senior counsel also submitted that the DHE, Assam vide No. DHE/PA/4/2017/3 dated 11.03.2017 issued a circular stipulating the guidelines of Disciplinary Proceeding against Government employees including the employees of provincialised colleges

¶37

Page No.# 6/7

¶38

of the State and stated that the DHE, Assam being the appointing authority in provincialised Colleges is also the Disciplinary Authority of the employees of such college. The said guidelines provides that the Disciplinary Authority i.e., DHE, Assam is required to constitute an Inquiry Committee with one Officer being the Inquiry Officer and another Officer being Presenting Officer to submit the report.

¶39

14) In the present case, though no show cause notice was issued to the petitioner regarding any Disciplinary Proceeding against her, the DHE, Assam vide his order dated 02.02.2017 directed the Deputy Director of Higher Education, Assam to inquire into the various allegations regarding irregularities of funds of said CKB College and the said Dy. DHE, Assam as Inquiry Officer on 07.03.2017 directed the petitioner to submit her written statement pursuant to which, she submitted her written statement on 15.03.2017 explaining the reasons regarding issuance of the 4 (four) cheques and thereafter, the DHE, Assam did not initiate any disciplinary proceeding against the petitioner regarding any such misappropriation of fund of said CKB College, Teok, Jorhat by her.

¶40

15) It is to be noted herein that the learned Standing counsel, Higher Education Department on specific instruction from the DHE, Assam respondent No.2 submitted that Disciplinary Proceeding against the petitioner has not been initiated against the petitioner with regard to any financial irregularities of CKB College, Teok, Jorhat during her tenure as Principal in-charge of said CKB College for the period from 01.12.2015 to 31.01.2016.

¶41

16) In the case in hand, the petitioner retired from service on 31.01.2016 and thereafter, no show-cause notice contemplating drawal of Departmental Proceeding was ever issued on her pertaining to mis-appropriation of fund of the said CKB College, Teok during her tenure as Principal in-charge of said college during 01.12.2015 to 31.01.2016. The respondent college authority did not controvert the submission made on behalf of the Directorate of Higher Education in that regard.

¶42

17) For the reasons above and considering the aspect that the petitioner has retired from service on 31.01.2016 and as no Disciplinary Proceeding has been initiated against the petitioner, the respondents in the Higher Education Department as well as the authorities of Chandra Kamal Bezbaruah (CKB) College, Teok, Jorhat are directed to release the pensionary

¶43

Page No.# 7/7

¶44

benefits of the petitioner, noted above, forthwith as per the relevant Rules on submitting a certified copy of this order by the petitioner before the Principal of said Chandra Kamal Bezbaruah (CKB) College, Teok, Jorhat and the Director of Higher Education, Assam.

¶45

18) The respondents in the Higher Education Department of the State as well as the authorities of CKB College, Teok, Jorhat shall complete the process of releasing the pension and consequential pensionery benefits to the petitioner within three months from the date of receiving certified copies of this order. Those respondents shall continue to pay the provisional pensions to the petitioner till making payment of regular pension to her.

¶46

19) With the above observations and directions, this writ petition stands allowed.

¶47

JUDGE

¶48

Comparing Assistant

Lily Dutta v. the State of Assam and 7 Ors.

Case brief

What is this about?

What did the court decide?

Lily Dutta v. the State of Assam and 7 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Smti Premada Devi Vs the State of Assam and 8 Ors.

Gayatri Taye Vs the State of Assam and 6 Ors.

Mrs. Mamoni Deka Vs the State of Assam and 6 Ors.

Smti Sabita Deka Vs the State of Assam and 5 Ors.

M/S. N.R.Enterprise and Anr. Vs Union of India and 4 Ors.

Abul Kalam Talukdar Vs the State of Assam and 5 Ors.