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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
HONOURABLE MR. JUSTICE SUMAN SHYAM
Manohar Deka, AFS – Appellant
Versus
State Of Assam – Respondent
JUDGMENT & ORDER :
SUMAN SHYAM, J.
Heard Mr. N. Borah, learned counsel appearing for the writ petitioner. Also heard Mr. R. Borpujari, learned Standing Counsel, Finance Department, Assam appearing for the respondent Nos.1 and 2 and Mr. T. C. Chutia, learned Addl. Sr. Govt. Advocate, Assam appearing for the respondent No.3. None has appeared for the respondent No.4.
2. The writ petitioner herein, who was serving as a Financial Advisor to the Administrative Reforms Training Pension and Public Grievance Department (ARTP & PG), Government of Assam, had retired from service on attaining the age of superannuation with effect from 31.01.2023. The grievance of the petitioner is that although he is entitled to receive pension, yet, owing to the pendency of a departmental proceeding against him, his pension has not been finalized till date.
3. The facts of the case, in a nutshell, are that while serving as the Financial Adviser, ARTP & PG Department of the Government of Assam, the petitioner was arrested in connection with ACB P.S. Case No.19/2016 registered under Sections 120(B)/468/420/409 of the Indian Penal Code (IPC) read with Sections 123(1)(d)/13(2) of the Prevention of Corruption Act, 19
Inordinate delay in departmental proceedings affecting pension rights can warrant judicial intervention for timely resolution, but does not automatically terminate the proceedings.
The right to receive pension and retirement benefits is a valuable right vested in a government servant, protected under Article 300-A of the Constitution of India. The court emphasized that the paym....
Continuation of disciplinary proceedings beyond a court-specified time frame without requesting an extension violates procedural fairness and is invalid.
Departmental proceedings against a retired employee cannot be initiated more than four years after the relevant event, as per Rule 7(2)(b)(ii) of OCS (Pension) Rules, 1992.
The court emphasized the importance of conducting departmental proceedings in accordance with the principle of natural justice and directed payment of provisional pension to the petitioner.
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