The Appellate Authority must expeditiously resolve pending appeals regarding departmental inquiries, especially when such inquiries conclude post-retirement.

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 dated 14.02.1984. The Petitioner thereupon has been promoted from time to time. While the Petitioner was serving as Sub-Divisional Police Officer, Bijni, he was put under suspension vide an order dated the 27.07.2012. Subsequently, he was reinstated vide a Government notification dated 17.10.2013 without prejudice to initiation of departmental proceedings. A departmental proceedings was initiated by issuance of a Memorandum of Charge dated 28.10.2016. The Petitioner participated in the said departmental proceedings and the Enquiry Officer so appointed submitted an enquiry report on 26.12.2023. On the basis of the said enquiry report, an order was passed on 07.01.2025 whereby penalty was imposed of “withholding of pension permanently” in terms with Rule 21 of the Assam Services (Pension) Rules, 1969.

4. The Petitioner being aggrieved filed an appeal on 01.04.2025 in terms with Rule 16 of the Assam Services (Discipline and Appeal) Rules, 1964. The Appellate Authority however have not taken any decision in respect to the said appeal. In view of the delay in disposal of the said appeal, the Petitioner who had retired even prior to the enquiry report being submitted is compelled to file the present petition on 28.10.2025.

5. The record reveals that this Court had sought for instructions vide an order dated 26.11.2025 as regards the status of the appeal and to place the same before this Court. Today, Mr. T. C. Chutia, the learned Additional Senior Government Advocate submitted that the appeal is still pending.

6. This Court has heard the learned counsels appearing on behalf of the parties and has given anxious consideration to the materials on record.

7. Taking into account that there is an appeal pending, this Court would not like to comment on the merits of the appeal as well as the legality or validity of the punishment so imposed upon the Petitioner. However, the fact remains that the departmental proceedings culminated post the Petitioner's retirement and the Petitioner presently is a pensioner. Under such circumstances, it is of ardent necessity that the Appellate Authority is required to dispose of the appeal as expeditiously as possible more so taking into account that almost 8 (eight) months have already passed since the filing of the appeal.

8. Considering the above, the instant writ petition therefore stands disposed of with the following observations and directions:

(i) The Appellate Authority in terms with Rule 16 of the Assam Services (Discipline and Appeal) Rules, 1964 is directed to dispose of the appeal as expeditiously as possible and preferably within a period of 3 (three) months from the date a certified copy of the present order is served upon the Respondent No.1 i.e. the Commissioner and Secretary to the Government of Assam, Home and Politi