NIRANJAN BORAH Vs. STATE OF ASSAM

JUDGEMENT

(1.) THE petitioners, employees of the Assam Co -operative Marketing and Consumers' Federation ('STATEFED') are before this Court seeking invocation of its extraordinary jurisdiction under Article 226 of the Constitution of India to adjudge the continuation of pending disciplinary proceedings against them to be invalid for want of jurisdiction of the Liquidator, i.e. Respondent Nos. 2 and 3, as well as for an appropriate direction to release the benefits under the Voluntary Retirement Scheme ('VRS') and other service benefits due to them. The principal legal issue being common in both the writ petitions, they have been heard analogously at the admission stage and are being disposed of by this common judgment and order.

(2.) I have heard Mr. N. Deka, learned Counsel for the petitioner in WP(C) No. 3848/2008 as well as Mr. A.C. Borborah, learned senior counsel for the petitioner in WP(C) No. 4250/2008. I have also heard Ms. J. Borah, learned Counsel for the Liquidator Assam Co -operative Marketing and Consumers' Federation ('STATEFED') as well as Mr. P.J. Ghosh, learned State Counsel, Assam.

(3.) THEREAFTER another show -cause notice dated 3.5.2006 was issued to him by the then Managing Director of the STATEFED alleging anomalies of stock worth of Rs. 3,93,201. The petitioner was charged with misconduct, lacking in supervision and dereliction of duty resulting in loss to the STATEFED. The petitioner instituted WP(C) No. 2630/2006 challenging the validity of the said show -cause notice, inter alia, on the ground of inordinate delay. Meanwhile by notification No. CSS.I/ dated 14.6.2006 issued by the Registrar of the Co -operative Societies, Assam under Section 66 of the Assam Co -operative Societies Act, 1949 ('the Act'), the registration of the STATEFED was cancelled and it was decided to be wound up. Following the same, the respondent No. 2 was appointed as the Liquidator to conduct the liquidation process. By order dated 11.9.2006 in Misc. Case No. 3033 arising out of WP(C) No. 6318/2004, the Liquidator was directed to release the subsistence allowance payable to the petitioner. Thereafter WP(C) No. 6318/2004 was also disposed of. By order dated 13.9.2006 the petitioner and two others were released from the STATEFED. As per notification dated 14.6.2006 the registration of the corporate body and the employees therein ceased to exist w.e.f. that date. The petitioner and two others were released from STATEFED, Morigaon w.e.f. 14.6.2006. According to the petitioner in the list of eligible employees for voluntary retirement scheme whose cases are under consideration, his name is at serial No. 1353.