Roseshwar Borah v. The State of Assam and 4 Ors

ORDER

19.07.2024 Heard Shri G. Choudhury, the learned counsel for the petitioner and Ms. MM Kataky, the learned Standing Counsel, Animal Husbandry and Veterinary Department, Government of Assam.

¶2The petitioner was serving as a Director cum DDO in the office of the Director of Dairy Development had retired from service upon attaining the age of superannuation on 28/02/2002. Thereafter on 28/03/2002, an FIR was lodged by one Shri R.N. Mishra, the then Director, Dairy Development Department, Assam inter alia alleging that while the petitioner was serving as the Joint Director and was the Drawing and Disbursing Officer of the Directorate of Dairy Development, Assam being in collusion with another employee entered into a criminal conspiracy and dishonestly misappropriated an amount of Rs. 2.5 crores of the Directorate of Dairy Development, Government of Assam during their tenure since 1996. On receipt of the said FIR, Dispur PS case No. Page No.# 3/4 337/2002 under sections 120B/420/477A/468/406/409 IPC read with Section 13(d) of the Prevention of Corruption Act, 1988 was registered and which culminated into the Special Case no. 26/2012. However, in the said trial, considering the evidence collected during the process of trial, vide judgment dated 14.08.2019, the petitioner and the other accused persons were acquitted of all the charges and set free forthwith.

¶3However, even after being acquitted, the pensionary dues was not paid to the petitioner and accordingly, he had served a legal notice to the Joint Secretary to the Government of Assam, Animal Husbandry and Veterinary Department dated 07/09/2021 claiming release of all pensionary and other retiral benefits as may be due and payable by the Government along with interest, cost and compensation. As no action was taken, the present case has been filed.

¶4Ms. MM Kataky, learned counsel for the respondents contends that the Department intends to initiate a fresh disciplinary proceeding against the petitioner.

¶5Without going into the question as to whether a de-novo disciplinary proceeding can be initiated, it is to be noted that the petitioner had retired from the service in the year 2002. Rule 21 of the Assam Services (Pension) Rules, 1969 provides that after retirement of an employee, a disciplinary proceeding can be initiated only in respect of such allegations that took place within a period of four years prior to such proceedings. In the instant case, the aforesaid period of four years is admittedly over and the petitioner had retired much earlier in the year 2002

¶6Accordingly, the respondents are directed to process the pension and other Page No.# 4/4 retiral benefits of the petitioner under Rules of 1969 as per law and bring the same to its logical end within a period of two months from the date of receipt of a certified copy of this order.

¶7At this stage, the learned counsel for the petitioner prays for a direction for payment of interest. This Court is however of the opinion that such claim can be considered by the respondent authorities. The petitioner is accordingly given liberty to submit an application seeking interest on the amount involved and in such case, the same is required to be considered in accordance with law.

¶8The writ petition is accordingly disposed of in the manner indicated above. JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010142842022 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/4722/2022o ROSESHWARoBORAHo S/O.oLT.oSRIoPUNIRAMoBORAH,oR/O.oUSHANAGAR,oBYoLANEoNO.18,oDIST.o SONITPURoAToTEZPUR,oPIN-784001. VERSUSo THEoSTATEoOFoASSAMoANDo4oORSo REP.oBYoTHEoCOMM.oANDoSECY.oTOoTHEoGOVT.oOFoASSAM,oDEPTT.oOFoA.H.o ANDoVETERINARY,oDISPUR,oGUWAHATI,oPIN-781006,oKAMRUPo(M)oINoTHEo DIST.oOFoASSAM. 2:THEoSECRETARY oTOoTHEoGOVT.oOFoASSAM oDEPTT.oA.H.oANDoVETERINARY oDISPUR oGUWAHATI oPIN-781006 oKAMRUP(M)oINoDIST.oOFoASSAM. 3:THEoJT.oSECRETARY oTOoTHEoGOVT.oOFoASSAM oDEPTT.oOFoA.H.oANDoVETERINARY oDISPUR oGUWAHATI oPIN-781006 oKAMRUP(M)oINoDIST.oOFoASSAM. 4:THEoDIRECTOR oDAIRYoDEVELOPMENT oGOVT.oOFoASSAM. Page No.# 2/4 5:ACCOUNT OFFICER OFFICE OF THE DIRECTOR OF DAIRY DEVELOPMENT KHANAPARA GUWAHATI PIN-781022 KAMRUP(M) IN DIST. OF ASSAM. 6:THE PRINCIPAL ACCOUNTANT GENERAL(A AND E) ASSAM Advocate for the Petitioner : MR G CHOUDHURY Advocate for the Respondent : GA, ASSAM BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI