FAYJUL ISLAM Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. KP Pathak, learned senior counsel for the petitioner, Ms. R Bora, learned counsel for the respondents in the Agriculture Department, Mr. JK Goswami, learned Additional Senior Government Advocate for the respondents No. 1 and 3 being the authorities in the Pension and Public Grievance Department and Mr. RK Talukdar, learned counsel for the respondent No. 4 being the Accountant General (A&E), Assam.

(2.) The petitioner, who was an Executive Engineer (Agriculture) in the Agriculture Department of the Government of Assam, retired from service upon attaining the age of superannuation on 31/1/2019. It is stated that after retirement from service, the petitioner is being paid the provisional pension, but the final pension had been withheld. With the aforesaid grievance, this writ petition is instituted.

(3.) The respondents in the agriculture department refers to ACB Case No. 08/2012 under Sec. 13(1)(d)/13(1)(e)/13(2) of the Prevention of Corruption Act, 1988 that had been registered against the petitioner and takes a stand that because of the registration of the aforesaid ACB Case No. 08/2012, the pension of the petitioner had been withheld in exercise of the powers under Rule 21 of the Assam Services (Pension) Rules, 1969 (in short Rules of 1969).