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IN THE GAUHATI HIGH COURT (THE HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
ROBIN PHUKAN
Shri Takar Ete, S/o Late Tatum Ete – Appellant
Versus
State of Assam, Represented by the Principal Secretary to the Govt. of Assam, Elementary Education Department – Respondent
JUDGMENT :
(ROBIN PHUKAN, J.)
Heard Mr. B. Sinha, learned counsel for the petitioner and also heard Mr. P.N. Sarma, learned standing counsel, Education (Elementary) Department, appearing for the respondents.
2. By this common judgment and order it is proposed to dispose of these two writ petitions, being WP(C) No. 1658/2022 and WP(C) No.4026/2023, filed under Article 226 of the Constitution of India , as both are concerning the same parties and the reliefs being sought for are also related to each other.
3. In WP(C) No.1658/2022, the petitioner has prayed for issuing direction to the respondent authorities for refixing his pay scale as Assistant Teacher of L.P. School and also to direct the respondent authorities to disburse and release the monthly salary w.e.f. 15.09.1994 to 13.08.2020 with interest @18% per annum.
3.1. In WP(C) No.4026/2023, the petitioner has prayed for setting aside the order dated 12.05.2023 issued under Memo No.EHA-114/2018/257-A, whereby the petitioner was dismissed from service and also to issue direction to the respondent authorities to treat the period of suspension w.e.f. 15.09.1994 to 13.08.2020 as the petition spent on duty.
Background Facts:-
4. The backgrou
Inordinate delay in disciplinary proceedings and lack of adherence to natural justice principles can invalidate dismissal orders, entitling the employee to reinstatement and full salary.
Termination of service without a mandatory inquiry violates procedural safeguards, and authorities must justify any bypassing of these procedures.
Merely stating that huge financial losses are caused to the State would not suffice unless the charges are even prima-facie supported by any credible material placed before the court.
A reinstated government servant who has been fully exonerated is entitled to full pay and allowances for the period of absence due to wrongful dismissal, as per Rule 54(2) of the Financial Handbook.
It is well settled by a catena of decision of Hon’ble Supreme Court that gratuity and pensions are not bounties. An employee earn these benefits by dint of his long continuous, faithful and unblemish....
Disciplinary authorities must adhere to principles of natural justice, providing proper notice and opportunity for representation before imposing sanctions against employees.
Suspension without payment of subsistence allowance for an indefinite period is illegal and violative of the right to life under Article 21 of the Constitution of India.
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