MANABENDRA BHATTA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. M.I. Hussain, the learned counsel for the petitioner. Also heard Ms. M. Bhattacharya, the learned Additional Senior Government Advocate, Assam, for the respondent Nos. 1, 2 and 3 as well as Ms. R. Akhtar, the learned counsel for the Accountant General's Office, for the respondent No. 4.

(2.) By this writ petition the petitioner has challenged the show-cause notice dated 30.01.2012 (Annexure-24) which was issued under Rule 9 of Assam Services (Discipline and Appeal) Rules, 1964 read with Article 311 of the Constitution of India, under which the charges of alleged misappropriation of Government money while the petitioner was functioning as cashier between the year 1987-91 has been made against him. The petitioner has also challenged the communication dated 09.01.2012 (Annexure-25), whereby, the Secretary to the Government of Assam, Cultural Affairs Department, Dispur, had instructed the Director of the same Department to conduct and complete the inquiry against the writ petitioner.

(3.) Mr. M.I. Hussain, the learned counsel for the petitioner, submits that since the writ petitioner retired from service on 31.12.2008, no Departmental proceeding can be drawn up against him or any retired Government servant unless the requirement of Rule 21 (b)(i) and (ii) of the Assam Services (Pension) Rules, 1969 are satisfied. In the instant case, the alleged misconduct relates to the year 1987-91 and the respondents without fulfilling the provisions of law as provided under the Pension Rules cannot initiate such Departmental proceeding against the writ petitioner. He also submits that in fact no proceeding has taken place pursuant to the impugned show-cause notice dated 30.01.2012 and 09.01.2012 but at the same time, the respondents have denied the petitioner from his due pensionary benefits including death-cum-retirement gratuity (DCRG). The petitioner, therefore, being aggrieved has approached this Court by filing the instant writ petition.