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2025 Supreme(Online)(Gau) 8618
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
N. Unni Krishnan Nair, J
MR IKSHWAKU SAIKIA – Appellant
Versus
THE STATE OF ASSAM AND ORS – Respondent
WP(C)/5549/2025
For the Appellants/Petitioners: M K Choudhury, M Sarma
For the Respondents: GA, Assam
The pendency of an enquiry into the fairness of a selection process does not justify the withholding of salaries for the period during which an employee has actually rendered services.
Headnote:The matter pertains to a petition seeking the release of arrear salaries. The respondents contended that an enquiry is currently underway to determine if the selection process was conducted in a fair manner, following allegations of irregularities. The court found that while the authorities are not restrained from conducting such an enquiry, the pendency of the investigation cannot justify the denial of salaries for the period during which services were actually rendered. The central issue is whether the non-conclusion of an enquiry into the selection process can be a valid basis for withholding salaries for services already performed. The court reasoned that the lack of a concluded enquiry "cannot be the basis for denying to the petitioner his due salaries atleast for the period he had rendered services, after being appointed." Accordingly, the respondents shall conclude the enquiry at the earliest, however, they shall also process the matter for release of the arrear salaries of the petitioner, herein.
ORDER
Heard Mr. M. Sarma, learned counsel, appearing for the petitioner. Also heard Mr. D. Bora, learned Government Advocate, appearing for the respondents.
Mr. D. Bora, learned Government Advocate, has submitted that the current salaries of the petitioner is being released and shall be continued to be released. With regard to the release of the arrear salaries of the petitioner, Mr. Bora, submits that the enquiry is under way to ascertain as to whether the petitioner was selected in fair manner. He submits that such an enquiry was necessitated on account of allegations of irregularities in the selection process coming on Board.
While this Court would not restrain the authorities from proceeding to carry out an enquiry in the matter, however, the same not being concluded, cannot be the basis for denying to the petitioner his due salaries atleast for the period he had rendered services, after being appointed.
Accordingly, the respondents shall conclude the enquiry at the earliest, however, they shall also process the matter for release of the arrear salaries of the petitioner, herein.
Registry to list this matter again on 28.01.2026.
On the next date of listing, Mr. Bora, learned Government Advocate, shall apprise this Court about the further developments taking place in the matter.
