Petitioner, a regularized peon, sought withdrawal of Provident Fund deposits as a public servant could not continue service due to cleared criminal charges. Court granted four weeks to submit appropriate application to competent authority.
Time granted to submit application to withdraw Provident Fund deposits.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Page No.# 1/2
GAHC010018362021
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/743/2021
ABUL KASIM ALI
S/O LATE BORWA, PO PATACHARKUCHI, 781318, PS SARUPETA, DIST BARPETA, ASSAM
VERSUS
THE STATE OF ASSAM AND 2 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, HOME DEPARTMENT, DISPUR GUWAHATI 6
2:THE MEMBER FOREIGNERS TRIBUNAL BARPETA ASSAM
3:THE ACCOUNTANT GENERAL (A AND E) ASSAM MAIDAMGAON BELTOLA GUWAHATI 78102
Advocate for the Petitioner : MR. S S S RAHMAN
Advocate for the Respondent : GA, ASSAM
BEFORE HONOURABLE MR. JUSTICE SUMAN SHYAM
ORDER
Date : 19/05/2023
Page No.# 2/2
Heard Mr.S.S.S. Rahman, learned counsel for the writ petitioner. Also heard Ms. M.D. Borah, learned Government Advocate, appearing for the respondent no.1. None has appeared on behalf of the respondent nos. 2 & 3.
The facts of the matter, in a nutshell, are that in the year 2004, the writ petitioner was appointed temporarily in the post of Grade-IV (Peon) in the Illegal Migrants (Determination) Tribunal (IMDT), Barpeta. Thereafter, his services were regularized with effect from 11/03/2004. However, while he was serving as a Peon, it came to light that the petitioner had relied upon forged mark-sheet and other documents for securing his appointment. As such, the petitioner was suspended from service and an FIR was lodged, based on which, GR Case No. 156/2004 was registered under sections 468/420 of the IPC.
It appears that charge sheet had also been submitted in the matter but on completion of trial, the petitioner was acquitted in respect of the charges brought against him by giving him the benefit of doubt. But the petitioner has not been continued in service. The only prayer of the petitioner’s counsel, at this point of time, is that the writ petitioner be permitted to withdraw the Provident Fund deposits since there is no departmental or other legal proceeding pending against him as on date.
Ms. Borah, learned Government Advocate, Assam, has not opposed the said prayer.
In view of the above, this writ petition is being disposed of by granting four weeks time to the petitioner to submit appropriate application before the competent authority including the Accountant General (A&E), Assam, with a prayer to permit him to withdraw the provident fund deposits, if any, left in his P.F. account.
If such an application is filed within four weeks from today by enclosing a certified copy of this order, the application be processed in accordance with law and upon proper verification of his claim, necessary action be taken in the matter in accordance with law.
With the above observation, the writ petition stands disposed of.
JUDGE
sukhamay
Comparing Assistant
1 issue framed by the court
Whether the writ petitioner can be permitted to withdraw Provident Fund deposits.
Abul Kasim Ali
The State of Assam
Suman Shyam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
