Karuna Ch Deka v. The State of Assam and 8 Ors

ORDER Date : 13.03.2024

Heard Mr. L. Mohan, learned counsel for the petitioner. Also heard Mr. R. Borpujari, learned Standing Counsel, Finance Department, who appears for respondent Nos. 3 and 9; Mr. C.S. Hazarika, learned Government Advocate appears for respondent Nos. 2 and 6 and Mr. R.K.Talukdar, learned counsel for respondent No.4.

¶2By filing this writ petition, the petitioner prays for a direction to the respondents to finalize the pensionary benefits including gratuity, leave encasement etc. entitled to him as per law. The petitioner retired as Forest Ranger and therefore claims that he is entitled to receive the above benefits as per law. It is further submitted on behalf of the petitioner that it is on account of certain enquiry conducted against him that the pension and pensionary Page No.# 3/3 benefits have not been released to him.

¶3Today Ms. M. Kalita, learned counsel, appearing for the Environment and Forest Department has produced the Enquiry Report on the enquiry conducted against the writ petitioner, which was forwarded by the Inquiry Officer to the Additional Chief Secretary, to the Government of Assam, Environment and Forest Department, Dispur, Guwahati vide letter dated 14.12.2023.

¶4A perusal of the same goes to show that there was only one charge framed against the petitioner and the conclusion of the Enquiry Officer is that the charge is not proved. Under such circumstances, it will be incumbent upon the respondent authority concerned to take a decision in the matter and to pass appropriate order so that the petitioner may be able to get pensionary benefits as may be entitled to him as per law.

¶5The writ petition is therefore disposed of with a direction to the respondents to finalize the enquiry proceedings drawn by passing an appropriate order and on the closure of the proceedings drawn accord the pensionary dues of the petitioner in accordance with law expeditiously and at any rate within the outer limit of 3 (three) months from the date of receipt of certified copy of this order.

¶6The Communication dated 14.12.2023 and the Enquiry Report produced by the learned counsel for the Forest Department is retained on record and marked as 'X' for identification.

¶7With the above observation and direction, the writ petition stands disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010123022021 ooooooo oooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/4245/2021o KARUNAoCHoDEKAo S/O-oLT.oTARINIoDEKA,oR/O-oVILL-oJAPARKUCHI,oP.O.oCHOWKBAZAR,oP.S.o NALBARI,oPIN-o781334,oDIST.-oNALBARI,oASSAM VERSUSo THEoSTATEoOFoASSAMoANDo8oORSo REP.oBYoTHEoPRINCIPALoSECY.oTOoTHEoGOVT.oOFoASSAM,oENVIRONMENTo ANDoFORESTSoDEPTT.,oDISPUR,oGHY-6 2:THEoCOMM.oANDoSECY.oTOoTHEoGOVT.oOFoASSAM oPENSIONoANDoPUBLICoGRIEVANCEoDEPTT. oDISPUR oGHY-6 3:THEoCOMM.oANDoSECY.oTOoTHEoGOVT.oOFoASSAM oFINANCEo(B)oDEPTT. oDISPUR oGHY-6 4:THEoPRINCIPALoCHIEFoCONSERVATORoOFoFORESTSoANDoHOFF oGOVT.oOFoASSAM oENVIRONMENToANDoFORESToDEPTT. oASSAM oARANYAoBHAWAN oPANJABARI oGHY-37 5:THEoPRINCIPALoACCOUNTANToGENERAL oASSAM oMAIDAMGAON oGHY-29 6:THEoDIRECTORoOFoPENSION oASSAM oDISPUR Page No.# 2/3 GHY-6 7:THE DIVISIONAL FOREST OFFICER NORTH KAMRUP DIVISION RANGIA ASSAM 8:THE DIVISIONAL FOREST OFFICER NALBARI SOCIAL FORESTRY DIVISION NALBARI ASSAM 9:THE TREASURY OFFICER NALBARI TREASURY NALBARI ASSA Advocate for the Petitioner : MR. J I BORBHUIYA Advocate for the Respondent : SC, FOREST BEFORE HONOURABLE MR. JUSTICE NELSON SAILO