DHRUBAJYOTI DEB Vs. STATE OF ASSAM

JUDGEMENT

(1.) By the present writ petition under Article 226 of the Constitution of India, the writ petitioner has approached this Court for the second time after approaching earlier by way of a writ petition, W.P.[C] no. 6010/2019, which was disposed of by an Order dtd. 21/9/2022. By the Order dtd. 21/9/2022, the writ petition, W.P.[C] no. 6010/2019 was disposed of with a direction to the State respondents to consider the case of the petitioner for extending financial benefit provisionally in terms of the Modified Assured Career Progression Scheme [MACPS], framed and notified by a Notification dtd. 17/3/2017, and an Office Memorandum dtd. 14/8/2018 on the subject : 'Time Scale of Assam Civil Service Officers'. Subsequent to the direction made in the Order dtd. 21/9/2022 to pass an Order, the respondent no. 1 had passed an Order on 6/2/2023. Assailing the Order dtd. 6/2/2023, the petitioner has preferred the present writ petition.

(2.) The petitioner is a member of the Assam Civil Service. The matters of recruitment and conditions of service of the members belonging to the Assam Civil Service are regulated and governed by the Assam Civil Services Rules, 1998, as amended. After his selection in a selection process undertaken by the Assam Public Service Commission [APSC] for recruitment to the Assam Civil Service [ACS], the petitioner came to be appointed in Class-I Junior Grade in the ACS in its 1995 Batch by a Notification dtd. 12/6/1995. Prior to joining in the Junior Grade in the ACS, the petitioner completed a Combined Induction Course for the ACS and allied officers of the 1995 Batch. During his service career, the petitioner served at different places on orders of posting and transfer. After completion of 20 years of service in ACS Class-I Junior Grade, the petitioner was promoted and allowed to officiate in Senior Grade-II of the ACS vide a Notification dtd. 31/12/2015 and by the Notification dtd. 31/12/2015, the petitioner was posted as Additional Deputy Commissioner, Karimganj.

(3.) During his service tenure, the petitioner was arraigned as accused in two criminal cases. In a complaint case, C.R. 504/2015, the petitioner was arraigned as one of the four accused. After trial, the Court of learned Additional Chief Judicial Magistrate, Hailakandi as the Trial Court vide its Judgment and Order dtd. 21/7/2018 acquitted the petitioner from the charges under Sec. 409 read with Sec. 34 of the Indian Penal Code [IPC], which was framed against him. In the other case, Special Case no. 02/2017, the investigating authority, CBI had submitted a Charge-Sheet on 15/9/2016 and in the said Charge-Sheet, the petitioner was charge-sheeted as accused no. 6 [A-6]. The competent authority in the Personnel Department, Government of Assam, by an Order dtd. 12/1/2017, granted prosecution sanction to proceed against the petitioner in the trial.