Narayan Chandra De v. The State of Assam and 2 Ors

O R D E R

08.04.2024

Heard Mr. A. Chakraborty, learned counsel for the petitioner. Also heard Mr. R. Dhar, learned Standing Counsel, PWD, for all the respondents.

¶2The present writ petition has been filed with the following prayers:- "In the premises aforesaid, it is most humbly prayed that Your Lordships may be pleased to issue Rule, Call for the records and upon hearing the parties as to the cause and/or causes and on perusal of the records be pleased to grant the petitioners the following relief/reliefs:

(i) To issue a writ in the nature of Certiorari and/or any other writ, order or direction of like nature towards setting aside the show cause notice dated

03.06.2020 (Annexure-A/2).

(ii) To issue a writ in the nature of Certiorari and/or any other writ, order or direction of like nature towards setting aside the show cause notice dated

29.06.2021 (Annexure-A/6) thereby initiating departmental proceedings against the petitioner in pursuance to the show cause notice dated

03.06.2020 (Annexure-A/2).

(iii) To issue a writ in the nature of Certiorari and/or any other writ, order or direction of like nature towards directing the respondent authorities to regularize the period under which the petitioner was in suspension, i.e.,

05.03.2020 to 10.01.2023 as period on duty with all consequential benefits of pay, seniority etc. Page No.# 3/3

(iv) To issue a writ in the nature of Certiorari and/or any other writ, order or direction of like nature towards directing the respondent authorities to finalize the pension and pensionary benefits due and payable to the petitioner by regularizing the period of his suspension in terms of prayer (iii) made hereinabove and pay the same to the petitioner upon his superannuation on 31.03.2023.

(v) And/or pass such further order/orders as Your Lordships may deem fit and proper in the facts and circumstances of the case."

¶3During the course of the argument, it has been brought to the notice of this Court that a Disciplinary Proceeding was initiated against the petitioner and the State Enquiry Officer has submitted a report on 30.03.2024.

¶4Mr. A. Chakraborty, learned counsel for the petitioner, submits that he has received a copy of the enquiry report submitted by the State Enquiry Officer.

¶5Considering the fact that the enquiry report has already been submitted by the State Enquiry Officer, this writ petition is disposed of without entering into the merits with a direction to the departmental authorities to come to a logical conclusion with regard to the Disciplinary Enquiry inasmuch as the State Enquiry Officer has submitted its report.

¶6Let such exercise be completed as expeditiously as possible, but not later than two months from the date of receipt of a copy of this order.

¶7With the above observations and directions, this writ petition is disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010061122023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/1625/2023o NARAYANoCHANDRAoDEo S/O-oLATEoGOPALoCHANDRAoDE,oR/O-oKALAPAHAR,oGUWAHATI,oDIST.o KAMRUP(M),oASSAM,oPIN-o781032. VERSUSo THEoSTATEoOFoASSAMoANDo2oORS.o REPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEo GOVERNMENToOFoASSAM,oPUBLICoWORKSoDEPARTMENTo(BUILDINGo ANDoNATIONALoHIGHWAY),oDISPUR,oGUWAHATI-781006. 2:THEoDEPUTYoSECRETARYoTOoTHEoGOVERNMENToOFoASSAM oPUBLICoWORKSoDEPARTMENTo(BUILDINGoANDoNATIONALoHGHWAY) oDISPUR oGUWAHATI-781006. 3:THEoCHIEFoENGINEER oPUBLICoWORKSoDEPARTMENTo(BUILDINGoANDoNATIONALoHIGHWAY) oCHANDMARI oGUWAHATI-781003o AdvocateoforotheoPetitionerooooo:oMR.oUoKoNAIRo AdvocateoforotheoRespondento:oSC,oPWDoo Page No.# 2/3 BEFORE HON'BLE MR. JUSTICE LANUSUNGKUM JAMIR