A penalty under Rule 7 of the Assam Services (Discipline & Appeal) Rules, 1964, cannot be imposed on a retired employee as they no longer hold a civil post; however, proceedings may continue under Rule 21 of the Assam Services (Pension) Rules, 1969, with pension-related penalties.

ORDER

Heard Mr. J. I. Borbhuiya, learned counsel, appearing for the petitioner. Also heard Mr. I. Borthakur, learned Standing Counsel, Excise Department.

2. The petitioner in the present writ petition has presented a challenge to an order dated 30.04.2025, issued by the Commissioner & Secretary to the Government of Assam, Excise Department, imposing upon the petitioner penalty of withholding 1 (one) increment with cumulative effect upon conclusion of a Departmental proceeding instituted against the petitioner vide issuance of a show-cause notice dated 09.11.2020. The petitioner has further prayed for consequential reliefs as would be available to her, upon this Court, interfering with the impugned order of penalty.

3. The petitioner, herein, while working as a Superintendent of Excise, Barpeta, was issued with a show-cause notice dated 09.11.2020 instituting a Departmental proceeding against her, basing on allegations which had surfaced against the petitioner during her tenure of service as a Deputy Superintendent of Excise, Barpeta. Vide the said show-cause notice charges came to be leveled against the petitioner basing on allegation of having permitted the shifting of a IMFL ‘OFF’ wine shop, in clear violation of the provisions of the Assam Excise Rules, 2016 . The petitioner on receipt of the said show-cause notice had submitted an application seeking documents as set out, therein, for preferring an effective reply, however, the said application submitted by the petitioner came to be rejected holding that the documents as sought for by the petitioner had got no relevance to the allegations leveled against her. Thereafter, the petitioner had submitted her show-cause reply on 27.01.2021, denying the charges leveled against her. The said reply submitted by the petitioner not being found to be satisfactory, the Disciplinary authority of the petitioner vide order dated 08.01.2021, directed for holding of an enquiry into the charges framed against the petitioner vide the show-cause notice dated 09.11.2020 and for the purpose, a Enquiry Officer and a Presenting Officer came to be appointed. The petitioner is found to have participated in the enquiry proceedings. On conclusion of the enquiry, the Enquiry Officer submitted his enquiry report on 17.08.2021, and the same was forwarded to the petitioner by the Departmental authorities vide a communication dated 17.11.2021. The petitioner on receipt of the said enquiry report submitted her representation against the same on 02.12.2021. The said Departmental proceeding, thereafter, was not proceeded with.

A development had taken place in the matter, the petitioner during the pendency of the said proceedings had retired from her services w.e.f. 31.07.2023, on reaching the age of superannuation. Till the date the petitioner had continued in her services, the Departmental authority had not passed any final order in the Disciplinary proceedings so instituted against the petitioner vide issuance of the said show-cause notice dated 09.11.2020. After lapse of around 03 (three) years from the date the petitioner had proceeded on superannuation, the Disciplinary authority vide order dated 30.04.2025, proceeded to dispose of the said Departmental proceedings instituted against her by imposing a penalty of withholding 01 (one) increment with cumulative effect on the petitioner.

Being aggrieved the petitioner has instituted the present writ petition.

4. I have heard the learned counsel for the parties and perused the materials available on record.