JUDGMENT :

Heard Mr. Y. S. Mannan, learned counsel for the petitioners. Also heard Mr. K. Konwar, learned Additional Advocate General, Assam assisted by Mr. S. Dutta, learned Standing Counsel, P&RD for the respondents.

2. The petitioners, namely, Sri Dhruba Bharali and Sri Sanjib Das, have approached this Court by filing the instant writ petition seeking a direction to the respondent-authorities to promote them to the post of Assistant Engineers with effect from 26.12.2019, i.e., the date from which their immediate juniors were promoted. A further direction is also sought for release of all consequential service benefits.

3. The facts of the case, evident from a perusal of the pleadings, are that the petitioner No.1 was appointed as Junior Engineer under the Panchayat and Rural Development Department, Government of Assam (P&RD) in the year 1985. He joined the said post on 24.07.1985 and was posted at Chinthong Development Block, Hamren, Karbi Anglong. He was, thereafter, transferred and posted in other Development Blocks during the course of his service tenure. At the time of filing of the writ petition, the petitioner No.1 was posted at Tapattary Development Block, Abhayapuri under Bongaigaon district where he joined on 05.03.2014 and has been continuing to render his service without any blame or blemish.

4. The petitioner No.2 was also appointed as Junior Engineer under the P&RD Department on 07.12.1996. He joined the said post on 13.12.1996 and was initially posted at Dalgaon Sialmari Development Block, Darrang. The petitioner No.2 was also transferred and posted under different Development Blocks through his service tenure. At the time of filing the present writ petition, the petitioner No.2 was posted at Raha Development Block, Nagaon on 07.06.2014. It is also mentioned that the petitioner No.2 had successfully cleared the AMICE(I) Examination, 2013 under the Institution of Civil Engineers (India), which is equivalent to a degree in Civil Engineering.

5. While the petitioners were rendering services in their respective places of postings, an First Information Report dated 22.01.2013 was lodged by one Matiar Rahman against the said Branch Post Master of Howrarpar Post Office Md. Samsul Haque alleging the Branch Post Master of Howrarpar Branch Post Office, one Md. Samsul Haque in connivance with the President and Secretary of Motichar Gaon Panchayat opened hundreds of fake saving accounts in Howrarpar Branch Post Office in the name of various persons without their knowledge with the intention to deposit and withdraw money sanctioned by the Government under the MGNREGA Scheme. It was alleged that the said Post Master of Howrarpar Branch had fraudulently deposited Government Scheme money in those fake accounts and subsequently withdrew the same from those accounts for their personal gain since the year 2010 onwards thereby causing loss of lakhs of rupees to the Government of India and depriving the job card holders. The said First Information Report was lodged before the CBI and the same was registered as CBI ACB Guwahati Branch Case No. RC 0172013A0001 dated 22.01.2013.

6. It is pleaded in the writ petition that the petitioners were unaware about the CBI enquiry initiated until they received copies of the prosecution sanction order dated 30.10.2015 vide Memo No.PDB.187/2015/59-A issued by the Secretary to the Government of Assam, Panchayat & Rural Development Department. In the said sanction order, it was mentioned that the petitioners have forged the thumb impressions of the labourers without verifying the identity of each of the labourers, which, in turn, disclosed acts of omissions and commissions on their part under the provisions of 3(1)(i)(ii) & (iii), 3(2)(i) & (ii) of the Assam Civil Service (Conduct) Rules, 1965 and, therefore, the Governor of Assam, after examining the materials placed before Him with regard to the allegations and circumstances of the case, considered prosecution of the petitioners and accorded prosecuti