UMESH CH SARMA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Both the writ petitions by and between the same parties have been heard analogously and are being disposed of by this common judgment and order. While in the 1st writ petition being WP(C) No.67/2013, the petitioner has challenged the Anenxure-6 order of the Director of Secondary Education, Assam, placing him under suspension with a further prayer to release his pay and allowances w.e.f. 23.03.2012, in the 2nd writ petition being WP(C) No.568/2014, the challenge is to the order dated 23.03.2012 (Annexure-11), by which the petitioner has been imposed with the penalty of stoppage of two annual increment with cumulative effect. Be it stated here that by the said order of penalty, the petitioner with the imposition of the said penalty was shown reinstated in service. On the other hand, it is the case of the petitioner that he was never furnished with the copy of the order dated 23.03.2012 and it was only after filing of the 1st writ petition, he was made aware of the said order. In the meantime, the petitioner retired from service on attaining the age of superannuation on 31.12.2012.

(2.) According to the petitioner, he was placed under suspension without any valid reason and the departmental proceeding was also initiated without there being any material against him. Further grievance of the petitioner is that although the impugned Annexure- 11 order dated 23.03.2012 was shown to have been issued, but the same having not been served on the petitioner, irrespective of the penalty imposed on him, he lost his valuable right of reinstatement in service and continuity till he attained the age of superannuation on 31.12.2012.

(3.) I have heard Mr. U.K. Nair, learned counsel for the petitioner and Mr. J. Abedin, learned Standing Counsel, Education Department. I have also heard Mr. S.K. Talukdar, learned counsel representing the respondent No.3 in the 1st writ petition. I have also gone through the entire materials on record including the file containing the records that has been produced by Mr. J. Abedin, learned Standing Counsel, Education Department.