R. S. J L Daniel Vs the State of Assam and 3 Ors.

THE STATE OF ASSAM AND 3 ORS REP. BY THE CHIEF SECRETARY TO THE GOVT OF ASSAM, DISPUR, GUWAHATI- 781006 2:THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM FINANCE (TAXATION) DEPTT DISPUR GUWAHATI- 781006 ASSAM 3:THE COMMISSIONER OF TAXES ASSAM DISPUR GUWAHATI- 781006 ASSAM 4:THE ACCOUNTANT GENERAL (A AND E) ASSAM MOIDAMGAON BELTOLA GUWAHATI- 78102

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Advocate for the Petitioner : MR S S TALUKDAR,

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Advocate for the Respondent : GA, ASSAM, SC, FINANCE AND TAXATION,SC, AG

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Page No. 2/4

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BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY

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ORDER

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Date : 03.01.2025

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There is no representation on behalf of the petitioner today on call. Mr. D. Bora, learned Junior Government Advocate, Assam for the respondent no. 1; Mr. H. Baruah, learned counsel representing Mr. B. Choudhury, learned Standing Counsel, Finance and Taxation Department for the respondent nos. 2 & 3; and Mr. B. Sharma, learned Standing Counsel, Accountant General [A&E], Assam for the respondent no. 4 who are present, are heard.

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The petitioner while serving as Superintendent of Tax, was served with a Show Cause Notice dated 07.03.2012. However, pending drawal of the disciplinary proceeding, the petitioner was placed under suspension twice, that is, [i] w.e.f. 23.03.2012 to 21.05.2012; and [ii] w.e.f. 27.06.2012 to 24.04.2013. Subsequently, a disciplinary proceeding was initiated against him. Subsequently, the suspension orders were revoked by the respondent authorities and it was observed that the pay and allowances of the petitioner for the period she was under suspension would be reviewed after conclusion of the disciplinary proceeding. In the disciplinary proceeding, the Enquiry Officer submitted an Enquiry Report on 20.06.2014 and a copy of the same was furnished to the petitioner by an Office Letter dated 16.08.2014.

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The Enquiry Report was examined by the Disciplinary Authority and finding certain anomalies and lapses, a de novo enquiry was ordered to be initiated. The Enquiring Officer after proceeding de novo, submitted a Report recording findings. The petitioner had approached by way of a writ petition, W.P.[C] no. 1604/2019 for setting aside / quashing the alleged de novo disciplinary proceeding. The writ petition was disposed of by an Order dated 13.03.2019 with the following observations :-

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Accordingly, the present petition is disposed of with the direction to the respondent authority, more particularly, the disciplinary authority to consider and act upon the report of the enquiry officer along with the representations that had been submitted by the petitioner and pass

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Page No. 3/4

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appropriate final order in this regard within a period of one month from the date of receipt of a certified copy of this order.

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If the aforesaid final order is not passed by the competent authority as indicated above, it will be deemed that the authorities are not keen to pursue the departmental enquiry in which event the departmental enquiry shall be deemed to have been closed and the petitioner will be entitled to all consequential benefits as if there was no departmental proceeding against him.

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With the above observations and direction, this petition stands disposed of.

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After disposal of the writ petition in the afore-stated manner, the petitioner submitted a Representation before the Disciplinary Authority on 08.05.2019 with a prayer to regularise her suspension period and to release the arrears due to her.

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As the said representation was not disposed of, the petitioner had approached this Court by the instant writ petition with the following prayers :-

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A. A Writ in the nature of Mandamus should not be issued directing the Respondents to regularize the suspension period from; 23.03.2012 to 21.05.2012 and 27.06.2012 to 24.04.2013 and release the arrear salary and the annual increments [along with interests @ 18%] withheld by the Respondents because of the pendency of the departmental proceedings beyond the stipulated time.

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B. Pass such order[s] as to cost[s] as this Hon'ble Court may deem fit and proper under the facts and circumstances of the case.

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C. Pass such other order[s] or further order[s] as this Hon'ble Court may deem fit and proper under the facts and circumstances of the case.

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Aggrieved by the Order dated 13.03.2019 passed in the writ petition, W.P.[C] no. 1604/2019, the State of Assam preferred an intra-court appeal, Writ Appeal no. 58/2020 assailing the Order dated 13.03.2019 [supra] and a consequential Order dated 26.09.2019 passed in an interlocutory application, I.A.[Civil] no. 1979/2019.

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In the Writ Appeal no. 58/2019, the Division Bench had observed that the writ petition was disposed of by the Order dated 13.03.2019 without, however, dealing with the issue of

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Page No. 4/4

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legality of the disciplinary proceeding. In view of the serious nature of the findings recorded by the Enquiry Officer regarding financial losses caused to the State Exchequer by the petitioner, the State Government was directed to place on record the decision taken by the disciplinary authority, and approved by the Public Service Commission and the operation of the impugned orders, dated 13.03.2019 and dated 26.06.2019 were stayed until further orders.

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When the writ appeal came up for consideration on 14.10.2020 before the Division Bench, materials were placed regarding the Order passed in the disciplinary proceeding before the Court in a sealed cover. After opening the sealed cover, the Hon’ble Division Bench observed that the department on accepting the Enquiry Officer’s report had decided to impose the penalty of compulsory retirement under Rule 7 of the Assam Services [Discipline and Appeal] Rules, 1964. The Hon’ble Division Bench had also taken note of the fact that the Assam Public Service Commission had endorsed the Order imposing penalty of compulsorily retirement. The Division Bench had, thus, observed that in view of the Order of Penalty dated 18.09.2020 the disciplinary proceeding stood concluded and the writ appeal was accordingly, disposed of on 14.10.2020.

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A copy of the Order dated 14.10.2020 passed by the Hon’ble Division Bench in Writ Appeal no. 85/2019, placed by Mr. Baruah, is kept with the case record by marking it as Document - ‘X’.

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In view of non-represenation on behalf of the petitioner today on call, it appears that the petitioner is not interested to pursue the writ petition. In view of the same, the writ petition stands dismissed on non-prosecution.

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JUDGE

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Comparing Assistant

R. S. J L Daniel v. the State of Assam and 3 Ors.

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R. S. J L Daniel v. the State of Assam and 3 Ors.

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