DHANANJAY DAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) The decision to recover the entire amount of subsistence allowance paid to the petitioner during the period he was under suspension is the subject matter of challenge in this writ petition.

(2.) The petitioner was placed under suspension in contemplation of a departmental proceeding by an order dated 23.04.92. At that time the petitioner was holding the post of Tax-Daruga under the respondents. On revocation of the order of suspension, he was reinstated in service by an order dated 01.10.92. When no proceeding was initiated against him and the order of reinstatement dated 01.10.92 was not given effect to, the petitioner approached this Court by filing a writ petition which was registered and numbered as Civil Rule No. 356/96. The writ petition was disposed of by an order dated 05.03.93 providing completion of the proceeding within four months and on failure to do so the order of suspension would stand revoked.

(3.) After the aforesaid order of this Court, a departmental proceeding was drawn up against the petitioner and on completion of the same, the disciplinary authority passed an order dated 10.12.93 imposing the penalty of reduction in rank from the post of Tax-Daruga to Assistant Tax-Daruga. By the said order he was directed to join his duties as Assistant Tax-Daruga with a liberty to submit representation, if any. The order came into effect from 13.12.93.