SAMSUL ISLAM CHOWDHURY Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Ms. D. Borgohain, learned counsel for the petitioner. Also heard Ms. D. Sinha, learned standing counsel, Education (Elementary) Department; Mr. R. Borpujari, learned standing counsel, Finance; Mr. B. Deuri, learned State counsel and Mr. A. Hassan, learned standing counsel, AG, appearing for the respondents.

(2.) In this petition, the petitioner has challenged the addendum dated 05.10.2015 by which the Director of Elementary Education had held that the principle of "no work no pay" has been applied in respect of the unauthorised absence from duty w.e.f. 01.07.2001 to 30.07.2002 and 10.07.2007 to 30.11.2009 under the provision of FR-17(1). This order has been challenged by the petitioner on the ground that before passing such order it was not preceded by any departmental enquiry as amounts to deprivation of certain rights of the petitioner and hence, penal in nature. In fact it has been submitted that the petitioner had resigned from service on 30.11.2009, which was accepted by the authorities. However, the petitioner is claiming salary for the aforesaid period when he was placed under suspension.

(3.) It is the contention of the petitioner that application of the principle of "no work no pay" by invoking the provision of FR-17(1) is not permissible for the simple reason that there was no finding by any authority that the petitioner was unlawfully absent. It has been submitted that the aforesaid principle of "no work no pay" could be applied only when there is a finding that the petitioner had remained absent without authorisation and if so, in the present case, the aforesaid principle cannot be applicable.