CHANDRADHAR DAS Vs. REGISTRAR, CO-OPERATIVE SOCIETY

JUDGEMENT

(1.) Heard Mr. R. Chakraborty , learned counsel for the petitioner . Also heard Ms. M. D. Bora, learned Standing counsel Cooperative department, Mr. N. Dhar, learned Standing Counsel A.G and Mr. J.K.Goswami, learned Standing Counsel Pension and Mr. B. Gogoi, learned counsel Finance Department for all the respondents.

(2.) By way of this writ petition, the petitioner challenges the order of suspension bearing No. CE(P) 470/94/182 dtd. 2/6/2008 and also prays for balance salary and increment as admissible with effect from 27/4/2005 (first suspension) to 2/8/2005 (reinstatement) and w.e.f. 28/3/2007 (second suspension) to 28/8/2007(reinstatement). The petitioner also prays for a direction for release of his pensionary benefit including DCRG. The facts of the case of the petitioner are as follows:

(3.) From the affidavit in opposition, it is crystallized that a show cause was issued vide communication dtd. 2nd June 2005, wherein no allegation of misappropriation was leveled against the petitioner. Petitioner filed reply to such show cause and the authority being satisfied with such reply vide communication dtd. 2.8.2005, was pleased to reinstate him in service with a caution to be careful in future . Subsequently, as recorded hereinabove, the petitioner was put under suspension for the second time and this time with allegation of misappropriation of public fund. Show cause dtd 11.5.2007 was issued with three charges, with allegation of misappropriation funds. Subsequently, the suspension order dtd. 28.3.2007 was vacated and the petitioner was reinstated. Thereafter, yet another show cause notice was issued on 11.6.2008 with a single charge of misappropriation of public fund. It is discernible from the said show cause that an order of recovery was also issued. The petitioner contends that such recovery was stayed by this Court by order dtd. 11.8.2008 passed in WP(C) No. 3304/2008. According to the respondents such writ petition was dismissed for non prosecution subsequently.