PURNA PRASAD BORDOLOI Vs. STATE OF ASSAM

JUDGEMENT

(1.) THE petitioner, who has retired from service on 30. 06. 2003 on his attaining the age of superannuation, by the present petition has challenged the initiation of proceeding pursuant to the Show Cause Notice dated 12. 01. 2006 issued by the Commissioner and Secretary to the Government of Assam, Information and Public Relations, basically on the ground that no such proceeding could be initiated in view of the provisions contained in Rule 21 (b) of the Assam Services (Pension) Rules, 1969 (hereinafter referred to as 'the Rules' ).

(2.) I have heard Mr. A. K. Sarma, learned counsel for the petitioner and Mr. M. Soren, learned Government Advocate, Assam for the Respondents.

(3.) MR. A. K. Sarma, learned counsel for the petitioner referring to the show cause notice dated 12. 01. 2006 has submitted that it is evident from the statement of allegations as well as charges levelled against the petitioner that the allegation is pertaining to the period from 01. 05. 1991 to 01. 09. 2001 while the petitioner was holding the post of Cashier in the office of the Director of Information and Public Relations and the petitioner having retired from service on 30. 06. 2003 attaining the age of superannuation, no departmental proceeding can be initiated so as to deprive him from the pension payable to him, in respect of any event which took place more than four years before initiation of such process. Learned counsel, therefore, submits that the show cause notice issued is liable to be quashed and the petitioner being entitled to full pension payable under the provisions of the Rules, necessary direction may also be issued in that regard.