Nripendra Narayan Choudhury vs The State Of Assam And Anr
2022 Latest Caselaw 770 Gua

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GAHC010038712022




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

                                 Case No. : WP(C)/1476/2022

            NRIPENDRA NARAYAN CHOUDHURY
            S/O. LT. BASISTHA NARAYAN CHOUDHURY, VILL. BATAHGHULI,
            PANJABARI, GUWAHATI, P.O. PANJABARI, UNDER NOONMATI POLICE
            STATION, DIST. KAMRUP (M), ASSAM.



            VERSUS

            THE STATE OF ASSAM AND ANR
            REP. BY THE COMMISSIONER AND SECY. TO TE GOVT. OF ASSAM,
            ANIMAL HUSBANDRY AND VETERIANRY DEPTT., DISPUR, GUWAHATI-06.

            2:THE DIRECTOR OF DAIRY DEVELOPMENT

             ASSAM
             KHANAPARA
             GUWAHATI-22

Advocate for the Petitioner   : MR P KATAKI

Advocate for the Respondent : GA, ASSAM
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                                 BEFORE
               HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA

                                    ORDER

Date : 04.03.2022

Heard Mr. P. Kataki, learned counsel for the petitioner, who submits that the petitioner was a cashier in the Directorate of Diary Development, Assam. The petitioner was accused of having misappropriated approximately Rs. 2.5 Crores. Criminal and Departmental Proceedings were initiated against the petitioner. The petitioner was acquitted in the criminal case vide Judgment & Order dated 14.08.2019. The Departmental Proceeding ended with the imposition of a penalty against the petitioner and on a challenge being made to the same by the petitioner in WP(C) No. 438/2015, this Court vide Order dated 21.08.2018 set aside the penalty order, on the ground that the Enquiry Officer was a co-accused in the criminal case. However, this Court allowed the respondents to continue with the Departmental Proceeding from the stage of appointment of the Enquiry Officer, if the respondent authorities desired to do so.

The petitioner's counsel submits that the petitioner having been acquitted in the criminal case and as there has been no continuance with the Departmental Proceeding, despite the Order dated 21.08.2018 passed in WP(C) No. 438/2015, the petitioner cannot be denied payment of his pension, pensionary benefits and regularization of his suspension period.

Mr. J.K. Goswami, learned counsel for the respondents submits that he will obtain instructions as to whether any appeal has been filed against the acquittal of the petitioner and whether the Departmental Proceeding has Page No.# 3/3

continued after the order passed by this Court in WP(C) No. 438/2015.

List the matter again on 21.03.2022.

JUDGE

Comparing Assistant