GAHC010123402025

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THE GAUHATI HIGH COURT

(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : WP(C)/3470/2025

MD MUKHLESUR RAHMAN

S/O- LATE ABDUR RAHMAN, R/O-WARD NO 6 ,SOUTH HAIBORGAON,

KOLONGPAR ROAD, DIST NAGAON, ASSAM

VERSUS

THE STATE OF ASSAM

REPRESENTED BY THE COMMISSIONER OF TRANSPORT, ASSAM,

JAWAHAR NAGAR KHANAPARA, GUWAHATI 29

2:THE COMMISSIONER AND SECRETARY

TO THE GOV OF ASSAM FINANCE DEPARTMENT

DISPUR

GUWAHATI 6

3:THE DISTRICT TRANSPORT OFFICER

HOJAI

ASSAM

PIN 783435

4:THE PRINCIPAL ACCOUNTANT GENERAL

A AND E ASSAM

MAIDAMGAON BELTOLA

GUWAHATI 29

5:THE TREASURY OFFICER

HOJAI ASSAM PIN 78243

Advocate for the Petitioner : MR H TALUKDAR, MR. K D SARMA

Advocate for the Respondent : SC, TRANSPORT DEPARTMENT, ASSAM, SC, FINANCE,SC, AG

(A AND E)

BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN

ORDER

Date : 08.01.2026 Heard Mr. H. Talukdar, learned counsel for the petitioner. Also heard Ms.

M.D. Borah, learned standing counsel for the respondent Nos. 1 and 3, being the authorities in the Transport Department; Mr. A. Chaliha, learned standing counsel for the respondent Nos. 2 and 5, being the authorities in the Finance Department; and Mr. R.K. Talukdar, learned standing counsel for the respondent No. 4, being the Accountant General (A&E), Assam.

2. In this petition, under Article 226 of the Constitution of India, the petitioner has prayed for issuing direction to the respondent authorities to cancel/recall recovery part of the letter dated 03.09.2024, and subsequent recovery of the same by the respondent No. 5 from the pension and DCRG of the petitioner.

3. The background facts, leading to filing of the present petition, are briefly stated as under:

“The petitioner was initially appointed as Enforcement Inspector, under Regulation 3(f) of the Assam Public Service Commission Rules, vide order dated 04.02.1993, and his service was regularized, vide notification dated 30.08.2003. He retired on superannuation on 31.08.2023, from the Office of the respondent No. 3/District Transport Officer, Hojai. After retirement, his pension papers and service book were forwarded to the respondent No. 4/Principal Accountant General (A&E), Assam and after going through the same, the respondent No. 4 had found wrong fixation of pay w.e.f. 01.04.2016 to 31.08.2023, and accordingly, vide letter dated

04.04.2024, returned the pension papers, and thereafter, the respondent No. 3 had corrected the wrong fixation and prepared a statement of excess drawal w.e.f. 01.04.2016 to 31.08.2023 and resubmitted the same before the respondent No. 4, vide letter dated 25.06.2024. Accordingly, the respondent No. 4 had finalized his pension and DCRG, vide its letter dated 03.09.2024, and in the said letter dated 03.09.2024, the respondent No. 4 had directed the respondent No. 5 to recover an amount of Rs. 14,71,394/- and accordingly, the respondent No. 5 had recovered the amount from his pension and DCRG.

It is the contention of the petitioner that recovery from a Grade-C employee is impermissible under the law as the same was detected after lapse of more than 5 years of overdrawal and that the petitioner is not at all responsible for the same, and he has never misrepresented towards the wrong committed by the authority.

Being aggrieved, the petitioner has approached this Court by filing the present petition.”

4. The respondent No. 3 has filed affidavit-in-opposition, wherein it is stated that the petitioner was well aware of the excess drawal from 01.04.2016 to 31.08.2023, and that the petitioner was discharging his duty as In-charge District Transport Officer (DTO) from 18.07.2019 to 29.10.2019, and again he was the DTO, Hojai from 14.11.2022, till his superannuation from service. It is also stated that the petitioner was the over all in-charge of the Office and he himself was the custodian of the service book and other relevant documents and had clear knowledge about the excess drawl of an amount of Rs 14,71,394/-, and that Annexure-A of the writ petition clearly shows that