JUDGMENT :

DEVASHIS BARUAH, J.

1. Heard Mr. Y.S. Mannan, the learned counsel appearing on behalf of the petitioner. Mr. P. Nayak, the learned counsel appears on behalf of the respondent Nos. 1 to 4.

2. The case of the petitioner herein is that the petitioner was initially appointed as a Majdoor in the Assessment Branch, Zoo Road in the respondent No. 1-Corporation. Thereupon the petitioner was appointed as a LD Assistant (Assessment Branch), GMC vide an order dated 26.12.1987 issued by the Commissioner, GMC. Subsequent thereto, by the order dated 20.06.2013, the petitioner was promoted as a Deputy License Officer at Dispur Zone of the Respondent-Corporation.

3. On 19.1.2015, the Commissioner, GMC vide an order had placed the petitioner under suspension pending drawal of departmental proceedings with immediate effect. At this stage, it is relevant to take note of that an FIR was filed against the petitioner before the Dispur Police Station and on the basis thereof Dispur P.S. Case No. 112/2015 was registered under Section 409 of the Indian Penal Code.

4. Subsequent to the petitioner’s suspension on 19/1/2015, a show cause notice dated 19.3.2015 was issued to the petitioner under Rule 9 of the Assam Services (Discipline and Appeal) Rules 1964 (hereinafter for short referred to ‘as the Rules of 1964’) read with Article 311 of the Constitution as to why the penalties prescribed under Rule 7 of the Rules of 1964 should not be inflicted on the charge of gross negligence of duties and misappropriation of money.

5. The petitioner submitted a representation on 8.4.2015 stating inter-alia that due to some inadvertent mistake, an amount of Rs. 24,000/- was misplaced which the petitioner was ready to refund along with interest and also requested the respondent authorities to revoke the suspension order and allow him to join his duties. A month thereafter the petitioner submitted another representation dated 8.5.2015 praying for release of subsistence allowance and also that the petitioner was not allowed to inspect the documents which the petitioner had a right to do in terms with Rule 9 of the Rules of 1964.

6. Three months thereafter, the Commissioner, GMC accorded sanction for payment of subsistence allowance at the rate of 50% as per FR 53 of the FR&SR applicable to the State of Assam for the period of three months w.e.f. 19.1.2015 to 18.4.2015. Subsequent thereto, it is the case petitioner that the petitioner was not paid the subsistence allowance.

7. The petitioner being aggrieved by the continuation of the suspension order filed a writ petition being W.P. (C) No. 7632/2015 challenging the order of suspension. This Court vide an order dated 3.3.2016 disposed off the writ petition with a direction to the Commissioner, GMC to revoke the suspension order dated 19.1.2015 within a period of 30 days from the date of receipt of a certified copy of the order. Thereupon in compliance to the order dated 3.3.2016, on 28.4.2016, the petitioner was reinstated to his service and upon his reinstatement the petitioner was transferred and posted as Deputy Rank Officer, Central Registry Branch, GMC and the petitioner joined upon reinstatement on 28.4.2016 itself. It is the further case of the petitioner that he continued to render his service in his place of posting and retired on 31.3.2020. It is the further case of the petitioner that although the concerned Respondent Authorities had sanctioned the subsistence allowance @ 75% vide an order dated 3.6.2016 but the said subsistence allowance was not paid i.e. for the period from 19.4.2015 to 27.4.2016.

8. In the meantime, the Dispur P.S. Case No. 112/2015 was chargesheeted and thereupon a case being G.R. Case No. 614/2015 was registered. Vide the judgment and order dated 11.2.2022, the Court of the Additional Chief Judicial Magistrate, Kamrup (Metro) at Guwahati held that the prosecution failed to prove the case against the accused person beyond reasonable doubt and accordingly the petitioner was acquitted of