Inordinate delay in departmental proceedings affecting pension rights can warrant judicial intervention for timely resolution, but does not automatically terminate the proceedings.

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, 1988 on suspicion of financial embezzlement. The writ petitioner was released on bail granted by this Court on 11.04.2018. However, owing to his arrest and detention in custody, the petitioner was placed under suspension. Subsequently he was reinstated in service and continued in his job till the time of his retirement i.e. 31.01.2023. On 09.08.2021 the Finance (Establishment-B) Department had issued a show-cause notice bearing No.FEB.126/91/291 upon the writ petitioner initiating departmental proceeding against him. The charge brought against the petitioner is reproduced herein below for ready reference :-

“Charge 1 - While you are performing your duties as Financial Adviser in Hill Areas Department with additional charge of Sports & Youth Welfare Department you were arrested on 06.02.2018 at about 1:45 PM in connection with ACB P.S. Case No.19/2016 U/S 120(B)/468/420/409 IPC R/W Sec. 13(1) (D)/13(2) PC Act, 1988. As informed by the Superintendent of Police, Vigilance & Anti-Corruption, Assam vide No.DGVA/RI/2017/1757 dtd. 12.05.2017 that you, while serving as Financial Adviser, Social Welfare Department, were allegedly involved in the process of illegally procuring Sewing Machines under IGMSY & allegedly manipulating official documents to cover up the illegalities. Further, as reported by Superintendent of Police, Vigilance & Anti-Corruption, Assam that you, while serving as Financial Adviser in Social Welfare Department, was a member of State Level Purchase Committee of Social Welfare Department and was responsible for looking after financial aspects in the department and had the collective responsibility in the illegal quotation process and finalizing/selecting firms at high rates without following Govt. guidelines.

You are, therefore, charged with gross violation of Norms & Guidelines of the Centrally Sponsored Scheme in IGMSY and other instruction and procedure of the Government of India as well as Government of Assam which amounts to insubordination, misappropriation of Govt. money and serious misconduct on your part.”

4. On receipt of the show-cause notice the petitioner had approached the authorities seeking copies of the documents. However, since the copies of the relevant documents could not be furnished to the petitioner by the disciplinary authority, the petitioner could not submit his show-cause reply. As such, there was no further progress in the departmental proceeding since the issuance of the show- cause notice dated 09.08.2021. However, as has been noted herein above, the petitioner has, in the meantime, retired from service on attaining the age of superannuation. Till date, the petitioner is drawing provisional pension since his pension has not been finalized on account of pendency of the departmental proceeding.

5. Mr. Borah, learned c