The imposition of a penalty on a pensioner without adherence to the prescribed legal procedures warrants judicial scrutiny.

ORDER

30.05 .2025 Heard Mr. D. Das, learned Senior Counsel assisted by Ms. T. Parashar, learned counsel for the petitioner.

The petitioner is before this Court putting to challenge the order dated

21.02.2025, whereby the penalty of permanently withholding pension including gratuity in full with reference to Rule 21 of the Assam Services Pension Rules, 1969 and Rule 9 of the Assam Services (Discipline & Appeal) Rules, 1964 has been passed in respect of the petitioner and also the departmental proceeding initiated vide the show-cause notice dated 23.06.2020 also stood disposed. The learned Senior Counsel submits that the manner in which the departmental proceedings were initiated, it contravenes the provisions of law as well as the rules prescribed and more particularly the department proceeded in violation of Rule 21.

Under such circumstances, the impugned order has been put to challenge. During the pendency of the matter being considered under Rule 21, the petitioner was receiving provisional pension which however has been stopped in view of the order 21.02.2025. The petitioner superannuated from service on 31.01.2022. He therefore, submits that the impugned order being violative of provisions of Rule 21 of the Assam Services Pension Rules, 1969 as well as Rule 9 of the Assam Services (Discipline & Appeal) Rules, 1964 the impugned order needs to be set aside and during the pendency of the writ petition the respondents be directed to continue to release the provisional pension to the petitioner.

Mr. T.J. Mahanta, learned Senior Counsel assisted by Ms. P. Sarma, learned counsel appears for the APSC respondent No.5 and Mr. T.C. Chutia, learned Addl. Senior Government Advocate appears for the respondent Nos. 1, 2, 3 and 4.

The learned counsel for the respondents submit that they require sometimes to complete their instructions in the matter.

Accordingly, issue Notice Returnable within three weeks.

Since the respondent Nos. 1 to 5 are duly represented, notices are waived. However, extra copy be furnished within a period of one week from today.

Steps on respondent No.6 shall be taken by registered post with A/D as well as usual course within one a week from today. Dasti service is also permitted.

Considering the issues involved this Court is of the view that the prayer for interim can be considered on the next returnable date.

List again on 24.06.2025 for considering of the interim prayer.