Dulal Ch Das v. The State of Assam and 2 Ors

ORDER Date : 13/09/2023

Heard Mr. T.K. Bhuyan, learned counsel for the petitioner. Also heard Mr. B. Goswami, learned Additional Advocate General.

¶2This writ petition is filed by the petitioner who is aggrieved by the non release of the 50% of the arrear salaries which is stated to be payable to the petitioner during the period he was under suspension. The petitioner submits that by order dated 13th July 2012, petitioner was working as Sub-Engineer, Grade-II in the office of the Executive Engineer, Dhemaji Water Resources Division, was placed under suspension with effect from 22.06.2012 until further orders pending drawal of Departmental Proceedings. This suspension order, according to the petitioner was issued as the petitioner was arrested in connection with a criminal case. Subsequently, by order dated 12.02.2014 petitioner was reinstated in service. During the period of suspension he was paid his subsistence allowance. Subsequently, the petitioner superannuated on

28.02.2019. By office order dated 04.06.2019 sanction for Provisional Pension was accorded to the petitioner. The grievance of the petitioner is that in the criminal case which was filed against him and because of which he was placed under suspension and although he had been acquitted by the trial court, his arrear of 50% salary due to him during the period of his suspension has not been released till date.

¶3Consequently, it is his claim that since the only ground for putting the petitioner under suspension is the pendency of a criminal case where Page No.# 3/3 subsequently he has been acquitted and the judgment has attained finality, the release of 50% of his salary during the period of his suspension be directed by the respondent authority.

¶4Mr. B. Goswami, learned Additional Advocate General for the respondents submits that there is already a proposal which is under consideration of the department for regularizing the period of suspension and thereby consequential orders for release of balance arrear of 50% will be passed by the department.

¶5Having heard the learned counsels for the parties, this Court is of the view that this writ petition can be closed with a direction to the respondent authorities to expeditiously process the proposal stated to be pending before the department for regularization of the period of suspension of the petitioner. Once the period of suspension is regularized, the arrear of 50%, of salary during the period of suspension, according to the petitioner, be released without further delay.

¶6With the above observation, the writ petition stands closed. The directions of this court be carried out as expeditiously as possible within the outer limit of 60 (sixty) days from the date of receipt of the certificate copy of this order. Petitioner will furnish a certificate copy of the order before the competent authorities.

¶7Writ petition stands disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010155242021 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/5110/2021o DULALoCHoDASo S/OoLATEoGULUKoDAS,oR/OoVILL.oBAMGAON,oP.O.GOHAINGAON,oP.S.o DHEMAJI,oDIST.oDHEMAJI,oASSAM. VERSUSo THEoSTATEoOFoASSAMoANDo2oORSo REPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECY.oTOoTHEoGOVT.oOFo ASSAM,oWATERoRESOURCESoDEPTT.,oDISPUR,oGUWAHATIo06 2:THEoCHIEFoENGINEER oWATERoRESOURCESoDEPTT. oGUWAHATIo-3 oASSAM. 3:THEoEXECUTIVEoENGINEER oDHEMAJI oWATERoRESOURCEoDIVISION oDHEMAJI oPINo78705o AdvocateoforotheoPetitionerooooo:oMRoAoALIo AdvocateoforotheoRespondento:oGA,oASSAMoo ooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA