Allowed

Longjam Iboyaima Singh v. the State of Assam and 7 Ors.

Gauhati HC7 Nov 2022WP(C)/4276/2022

Case brief

AI extract

What is this about?

Writ petition challenging a suspension notification. The Court directed the respondents to complete the pending disciplinary proceedings before the petitioner's retirement in January 2023 to ensure his pensionary benefits are not affected.

What did the court decide?

Respondents directed to complete the disciplinary proceedings before the petitioner's retirement in January 2023.

Longjam Iboyaima Singh Vs the State of Assam… — Pension and Retirement Benefits | Gauhati HC (2022)

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Page No.# 1/4

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GAHC010123092022

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

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Case No. : WP(C)/4276/2022

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LONGJAM IBOYAIMA SINGH S/O- LATE LONGJAM TOMAL SINGH, R/O- SHYAM SUNDAR SARANI, SONAI ROAD, SILCHAR, P.O AND P.S- SILCHAR, PIN-788006, ASSAM

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VERSUS

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THE STATE OF ASSAM AND 7 ORS

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REP. BY THE COMMISSIONER AND SECY. TO THE GOVT. OF ASSAM, DEPTT. OF AGRICULTURE,ASSAM SECRETARIAT , DISPUR, GHY-6

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2:THE ADDL. CHIEF SECRETARY. TO THE GOVT. OF ASSAM AGRICULTURE DEPARTMENT ASSAM SECRETARIAT

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DISPUR GHY-6 ASSAM

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3:THE JOINT SECRETARY TO THE GOVT. OF ASSAM AGRICULTURE DEPARTMENT ASSAM SECRETARIAT

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DISPUR GHY-6 ASSAM

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4:THE DEPUTY COMMISSIONER

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CACHAR DISTRICT ASSAM 5:THE DIRECTOR OF AGRICULTURE ASSAM KHANAPARA GHY-22 6:THE DIRECTOR OF HORTICULTURE AND FOOD PROCESSING GOVT. OF ASSAM KHANAPARA GHY-22 7:THE SUPERINTENDENT OF POLICE CACHAR DISTRICT SILCHAR ASSAM PIN-788001 8:MUKUT TALUKDAR S.I SILCHAR (SADAR) POLICE STATION CACHAR SILCHAR ASSAM PIN-78800

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Advocate for the Petitioner : MR. JYOTIRMOY ROY

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Advocate for the Respondent : SC, AGRI. DEPARTMENT

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BEFORE

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HONOURABLE MR. JUSTICE LANUSUNGKUM JAMIR

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ORDER

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07.11. 2022

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Heard Mr. J. Roy, learned senior counsel, assisted by Ms. E. Nath, learned counsel for the petitioner. Also heard Mr. S.M.T. Chistie, learned Standing Counsel, Agricultural Department, representing the respondent Nos. 1,2,3,5 and 6 as well as Mr. R. Dhar, learned Additional Senior Government, representing the respondent Nos. 4 and 7.

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By this writ petition the petitioner is challenging the Notification dated 30.05.2022 by which the petitioner was suspended in contemplation of a disciplinary proceeding on the ground that after the suspension order was passed, the respondents are yet to review his suspension.

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When the matter is called up today, the learned senior counsel for the petitioner submits that the petitioner has been reinstated by an order dated 04.11.2022. He also submits that the respondents have issued a show-cause notice on 28.07.2022 which was received by the petitioner on 17.08.2022. Petitioner also made a reply to the show-cause notice on 24.08.2022. It is further submitted that the petitioner will retire in the month of January 2023 and therefore, if the disciplinary proceeding is not completed before his retirement, petitioner apprehends that he would face difficulties in getting his pensionary and other retiral benefits.

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Considering that the respondents have already initiated the process for a disciplinary proceedings against the petitioner and also taking into consideration that the petitioner will retire in the month of January 2023, the respondents are

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directed to complete the disciplinary proceedings before the retirement of the petitioner.

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With the aforesaid directions, this writ petition stands disposed of.

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JUDGE

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Comparing Assistant

Longjam Iboyaima Singh v. the State of Assam and 7 Ors.

Case brief

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Longjam Iboyaima Singh v. the State of Assam and 7 Ors.

Case brief

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What the court decided

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