Disposed

Narayan Chandra De v. the State of Assam and 2 Ors.

Gauhati HC7 Apr 2024WP(C)/1625/2023

Case brief

AI extract

What is this about?

A writ petition sought quashing of two show cause notices, regularization of a suspension period and finalization of pension. As an enquiry report had been submitted, the court disposed of the petition without entering into merits, directing departmental authorities to conclude the disciplinary enquiry within two months.

What did the court decide?

Petition disposed with direction to departmental authorities to conclude disciplinary enquiry within two months; no substantive relief granted.

Narayan Chandra De Vs the State of Assam and… — Pension and Retirement Benefits | Gauhati HC (2024)

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Page No.# 1/3

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GAHC010061122023

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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)/1625/2023

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NARAYAN CHANDRA DE

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S/O- LATE GOPAL CHANDRA DE, R/O- KALAPAHAR, GUWAHATI, DIST. KAMRUP(M), ASSAM, PIN- 781032.

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VERSUS

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THE STATE OF ASSAM AND 2 ORS.

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REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, PUBLIC WORKS DEPARTMENT (BUILDING AND NATIONAL HIGHWAY), DISPUR, GUWAHATI-781006.

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2:THE DEPUTY SECRETARY TO THE GOVERNMENT OF ASSAM PUBLIC WORKS DEPARTMENT (BUILDING AND NATIONAL HGHWAY) DISPUR

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GUWAHATI-781006.

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3:THE CHIEF ENGINEER

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PUBLIC WORKS DEPARTMENT (BUILDING AND NATIONAL HIGHWAY) CHANDMARI GUWAHATI-781003

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Advocate for the Petitioner : MR. U K NAIR

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Advocate for the Respondent : SC, PWD

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Page No.# 2/3

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BEFORE

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HON’BLE MR. JUSTICE LANUSUNGKUM JAMIR O R D E R

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08.04.2024

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Heard Mr. A. Chakraborty, learned counsel for the petitioner. Also heard Mr. R. Dhar, learned Standing Counsel, PWD, for all the respondents.

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2. The present writ petition has been filed with the following prayers:-

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“In the premises aforesaid, it is most humbly prayed that Your Lordships may be pleased to issue Rule, Call for the records and upon hearing the parties as to the cause and/or causes and on perusal of the records be pleased to grant the petitioners the following relief/reliefs:

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(i) To issue a writ in the nature of Certiorari and/or any other writ, order or direction of like nature towards setting aside the show cause notice dated 03.06.2020 (Annexure-A/2).

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(ii) To issue a writ in the nature of Certiorari and/or any other writ, order or direction of like nature towards setting aside the show cause notice dated 29.06.2021 (Annexure-A/6) thereby initiating departmental proceedings against the petitioner in pursuance to the show cause notice dated 03.06.2020 (Annexure-A/2).

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(iii) To issue a writ in the nature of Certiorari and/or any other writ, order or direction of like nature towards directing the respondent authorities to regularize the period under which the petitioner was in suspension, i.e., 05.03.2020 to 10.01.2023 as period on duty with all consequential benefits of pay, seniority etc.

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Page No.# 3/3

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(iv) To issue a writ in the nature of Certiorari and/or any other writ, order or direction of like nature towards directing the respondent authorities to finalize the pension and pensionary benefits due and payable to the petitioner by regularizing the period of his suspension in terms of prayer (iii) made hereinabove and pay the same to the petitioner upon his superannuation on 31.03.2023.

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(v) And/or pass such further order/orders as Your Lordships may deem fit and proper in the facts and circumstances of the case.”

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3. During the course of the argument, it has been brought to the notice of this Court that a Disciplinary Proceeding was initiated against the petitioner and the State Enquiry Officer has submitted a report on 30.03.2024.

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4. Mr. A. Chakraborty, learned counsel for the petitioner, submits that he has received a copy of the enquiry report submitted by the State Enquiry Officer.

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5. Considering the fact that the enquiry report has already been submitted by the State Enquiry Officer, this writ petition is disposed of without entering into the merits with a direction to the departmental authorities to come to a logical conclusion with regard to the Disciplinary Enquiry inasmuch as the State Enquiry Officer has submitted its report.

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6. Let such exercise be completed as expeditiously as possible, but not later than two months from the date of receipt of a copy of this order.

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7. With the above observations and directions, this writ petition is disposed of.

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JUDGE

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Comparing Assistant

Narayan Chandra De v. the State of Assam and 2 Ors.

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Narayan Chandra De v. the State of Assam and 2 Ors.

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