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THE GAUHATI HIGH COURT, (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
DEVASHIS BARUAH
Narayan Chandra Das Son Of Late Bhudhiram Das – Appellant
Versus
State Of Assam, Represented By The Commissioner And Secretary To The Government Of Assam – Respondent
| Table of Content |
|---|
| 1. challenge to penalty order and pension benefits (Para 2) |
| 2. details of departmental proceedings against petitioner (Para 3 , 4) |
| 3. court's observations on pending appeal status (Para 5 , 6 , 7) |
| 4. directions for expeditious appeal resolution (Para 8) |
JUDGMENT :
DEVASHIS BARUAH, J.
1. Heard Mr. S. K. Goswami, the learned counsel appearing on behalf of the Petitioner and Mr. T. C. Chutia, the learned Additional Senior Government Advocate appearing on behalf of the Respondent Nos. 1, 2 and 3. I have also heard Mr. P. Nayak, the learned Additional Advocate General appearing on behalf of the Respondent No.4 and Mr. R. K. Talukdar, the learned Standing counsel appearing on behalf of the Respondent No.5.
2. The present writ petition has been filed by the Petitioner challenging the findings of the Enquiry Officer dated 26.12.2023 as well as the order of penalty so imposed upon the Petitioner dated 07.01.2025 and the Petitioner has further sought for a direction that the regular pension and other pensionary benefits be paid to the Petitioner.
3. The materials on record reveal that the Petitioner herein was appointed in the Cadre of Sub Inspector (UB) vide an appointment letter
The Appellate Authority must expeditiously resolve pending appeals regarding departmental inquiries, especially when such inquiries conclude post-retirement.
Inordinate delay in departmental proceedings affecting pension rights can warrant judicial intervention for timely resolution, but does not automatically terminate the proceedings.
The absence of a charge-sheet in pending criminal proceedings allows entitlement to pension and benefits, as departmental proceedings were dropped, exonerating the petitioner.
Withholding increments with cumulative effect permissible as major penalty under Rule 66 after regular enquiry; challenge after 16-year delay barred by laches, no continuing cause of action from recu....
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