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GAHC010233072022 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/7303/2022 ABDUL BASITH BARBHUIYA S/O- LATE ABDUL SALAM BARBHUIYA, VILL. AND P.O.- UTTAR KRISHNAPUR PART-II, P.S.- SILCHAR, DIST.- CACHAR, ASSAM.
VERSUS THE STATE OF ASSAM AND 6 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY, PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT, ASSAM, GUWAHATI-06. 2:THE COMMISSIONER PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT JURIPAR PANJABARI GUWAHATI- 38.
3:THE ADDITIONAL COMMISSIONER AND ENQUIRY OFFICER PANCHAYAT AND RURAL DEVELOPMENT.
4:THE DEPUTY COMMISSIONER CUM DISTRICT PROGRAMME COORDINATOR (MGNREGA)
CACHAR ASSAM.
5:THE CHIEF EXECUTIVE OFFICER ZILLA PARISHAD CACHAR ASSAM.
6:THE PROJECT DIRECTOR ZILLA PARISHAD CACHAR ASSAM.
7:THE BLOCK DEVELOPMENT OFFICER CUM PROGRAMME OFFICER MGNREGA SONAI DEVELOPMENT BLOCK SONAI CACHAR ASSAM Advocate for the Petitioner : MR M J QUADIR Advocate for the Respondent : SC, P AND R.D.
BEFORE HONOURABLE MR. JUSTICE LANUSUNGKUM JAMIR
['M J QUADIR', '', 'S S ISLAM', 'K MIRA', 'SC', 'P AND R D', '', 'GA', 'ASSAM']
ORDER
18.11.2022 Date :
Heard Mr. M.J.Quadir, learned counsel for the petitioner. Also heard Ms.
N.Bora, learned standing counsel, P&RD Department for respondent Nos. 1, 2, 3, 5, 6 and 7 and Mr. J.K.Porajuli, learned Govt. Advocate for respondent No.4.
2. Alleging serious irregularities with regard to implementation of the Schemes under the MGNREGA Scheme, petitioner was issued a show cause notice dated 17.06.2022, by the Commissioner, Panchayat and Rural Development, Assam. By the said show cause notice, petitioner was directed to submit his written statement within 10(ten) days. Petitioner made his reply to the show cause notice on 22.07.2022. Thereafter, the departmental proceeding started and it culminated with the Office Order dated 26.10.2022, issued by the Commissioner, Panchayat & Rural Development, Assam by which the petitioner was imposed the penalty of withholding 1(one) successive increment with cumulative effect. Further, petitioner was also transferred from Sonai Development Block, Cachar to the existing vacant post of Gram Sevak (RD) at Dullavcherra Development Block, Karimganj with immediate effect.
3. Being aggrieved, with the Office Order dated 26.10.2022, issued by the Commissioner, Panchayat and Rural Development, Assam, the petitioner filed an appeal under Rule 15 of the Assam Services (Discipline and Appeal) Rules, 1964, before the Commissioner and Secretary, Panchayat and Rural Development Department. It is the case of the petitioner that the appeal is still pending before the Commissioner and Secretary, Panchayat and Rural Development Department/respondent No.1. Further case of the petitioner is that before the disposal of the appeal, the respondents are forcing the petitioner to hand over charge of Gram Sevak, Sonai Development Block, Cachar.
4. After hearing the learned counsel for the parties and on consideration of the materials available on record and also taking into consideration that the appeal filed by the petitioner on 31.10.2022, is still pending before the respondent No.1. This writ petition is disposed of directing the respondent No.1 to dispose of the appeal filed by the petitioner on 31.10.2022 within the time period prescribed under Rule 24 of the Assam Services (Discipline and Appeal) Rules, 1964. Till the disposal of the appeal by the appellate authority, the order dated 26.10.2022, issued by the Commissioner, Panchayat and Rural Development, Assam shall not be given effect to.
5. With the above observations and directions, this writ petition is disposed of.
