Nuruddin Ahmed vs The State Of Assam And 6 Ors
2022 Latest Caselaw 4954 Gua

                                                                      Page No.# 1/5

GAHC010247462022




                       THE GAUHATI HIGH COURT
  (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                           Case No. : WP(C)/7888/2022

         NURUDDIN AHMED
         S/O. LT. BUZER ALI, VILL. PAKHOWA, P.S. BELSOR, DIST. NALBARI,
         ASSAM, PIN-781353.



         VERSUS

         THE STATE OF ASSAM AND 6 ORS
         REP. BY THE COMMISSIONER AND SECY., HOME AND POLITICAL DEPTT.,
         ASSAM, SECRETARIAT, DISPUR, GUWAHATI-781006, ASSAM.

         2:THE DIRECTOR GENERAL OF POLICE

          ASSAM
          ASSAM POLICE HEADQUARTERS
          ULUBARI
          GUWAHATI-781007
          ASSAM.

         3:THE SPECIAL DIRECTOR GENERAL OF POLICE (L AND O/V AND AC)

          ASSAM
          ASSAM POLICE HEADQUARTERS
          ULUBARI
          GUWAHATI-781007
          ASSAM.

         4:THA ADDL. DIRECTOR GENERAL OF POLICE (ADMN.)

          ASSAM
          ASSAM POLICE HEADQUARTERS
          ULUBARI
          GUWAHATI-781007
                                                                  Page No.# 2/5

             ASSAM.

            5:THE SUPDT. OF POLICE

             KAMRUP
             BAIHATA ROAD
             TRIPTI NAGAR
             AMINGAON
             GUWAHATI-781031
             DIST. KAMRUP
             ASSAM.

            6:THE SUPDT. OF POLICE

             DARRANG
             MANGALDOI
             PIN-7841125
             DIST. DARRANG
             ASSAM.

            7:THE SUPDT. OF POLICE

             BAKSA
             PIN-781372
             DIST. BAKSA
             ASSAM

Advocate for the Petitioner   : MR. M SARMA

Advocate for the Respondent : GA, ASSAM

BEFORE HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA

Date : 14-12-2022

JUDGMENT & ORDER (ORAL)

Heard Mr. M Sarma, learned counsel for the petitioner. Also heard Mr. TC Page No.# 3/5

Chutia, learned Additional Senior Government Advocate for the respondents in the Home and Political Department as well as Police Department of the Government of Assam.

2. The petitioner who is a Sub-Inspector in the Assam Police has instituted this writ petition with the grievance that as the last pay certificate of the petitioner has not been issued, therefore, his salary has not been paid.

3. Mr. TC Chutia, learned Additional Senior Government Advocate has produced a communication dated 08.12.2022 from the Superintendant of Police, Kamrup at Amingaon, wherein it is stated that the petitioner who was initially posted at Hajo was transferred to Sipajhar in the Darrang district in the month of March 2019. The communication provides the information that if the police personnel are transferred from one district to another they are required to submit a clearance certificate after obtaining it from the Head Assistant of the Accounts Department, the Officer-in-Charge concerned and some other authorities, the last pay certificate is accordingly issued after the clearance certificate is obtained by the personnel concerned.

4. In the instant case, the information provided is that the petitioner Nuruddin Ahmed was not issued clearance certificate inasmuch as, there are certain pending police cases in respect of which he had not submitted the case diaries maintained by him. According to the respondents, this conduct of the petitioner itself is a misconduct and the respondents intend to initiate a proceeding against the petitioner. We agree with the stand of the respondents that the conduct of the petitioner in not returning the case diaries of which he Page No.# 4/5

was an investigating officer may be a misconduct and such conduct on the part of the petitioner may also entail a disciplinary proceeding to be initiated against him. But, no provision of law has been placed before the Court which may provide that if there is a misconduct of any nature by a police official, his salary can be stopped by the respondent authorities. Although a stand is taken that the last pay certificate of the petitioner was not issued to him as because the clearance certificate could not be issued, but last pay certificate has its relevance only for the purpose of indicating as to what was the amount paid to the petitioner as his last salary and beyond that the last pay certificate perhaps does not have any other value.

5. As no provision of law has been placed before the Court which may enable the respondents not to pay the salary to the petitioner in the guise of the last pay certificate being not available, which again is because the clearance certificate has not been issued, we direct the respondent authorities to pay the current salary to the petitioner as per the salary he is entitled in terms of his service conditions. But for the alleged misconduct on the part of the petitioner, which has been referred in the communication dated 08.12.2022, liberty remains with the respondent authorities to initiate any proceeding under the law as may be advised and also to take any action under the law as may be permissible including that of initiating a disciplinary proceeding, suspension etc. If any such proceeding had already been initiated, the direction to pay the salary would be subject to any such order that may be passed in the proceeding.

6. We further give liberty to the respondents that if any provision of law is Page No.# 5/5

available before the police authorities not to pay salary because of any misconduct being committed by the petitioner as indicated above, the respondents would also be at liberty to invoke such provision, but the same be done by following the due procedure of law.

7. Writ petition stands disposed of in the above terms.

JUDGE

Comparing Assistant