Binay Kumar Singha vs The State Of Assam And 7 Ors
2023 Latest Caselaw 4238 Gua

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GAHC010230602023




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

                          Case No. : WP(C)/6020/2023

         BINAY KUMAR SINGHA
         S/O LT. BIRHARI SINGHA VILL. VITOR GANGPUR PT I P.O. JAROITOLA
         BAZAR P.S BORKHOLA DIST. CACHAR ASAM



         VERSUS

         THE STATE OF ASSAM AND 7 ORS
         TO BE REP BY THE COMMISSIONER AND SECRETARY TO THE GOVT OF
         ASSAM PENSION AND PUBLIC GRIEVANCES DEPTT. DISPUR GUWAHATI 6

         2:THE COMMISSIONER AND SECRETARY
         TO THE GOVT OF ASSAM FINANCE DEPTT. DISPUR GUWAHATI 6

         3:THE ACCOUNTANT GENERAL (A AND E)
         ASSAM
          MAIDAMGAON BELTOLA GUWHATI 29

         4:THE DIRECTOR OF PENSION

          HOUSEFED COMPLEX DISPUR GUWAHATI 6

         5:THE COMMISSIONER AND SECRETARY
         TO THE GOVT OF ASSAM EDUCATION SECONDARY DEPTT DISPUR
         GUWAHATI 6

         6:THE DIRECTOR OF SECONDARY EDUCATION
         ASSAM
          KAHILIPARA GUWAHATI 6

         7:THE INSPECTOR OF SCHOOLS (CDC)
          CACHAR
          SILCHAR P.O AND DIST. CACHAR ASSAM PIN 788001
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             8:THE TREASURY OFFICER
              CACHAR
              P.O. AND DIST. CACHAR ASSAM PIN 78800

Advocate for the Petitioner : MR F A LASKAR
Advocate for the Respondent : GA, ASSAM

                                  BEFORE
                 HONOURABLE MR. JUSTICE LANUSUNGKUM JAMIR

                                       ORDER

11-10-2023 Heard Mr. F.A. Laskar, learned counsel for the petitioner.

While the petitioner was functioning as Head Teacher of Jaroiltola High School in the district of Cachar, an FIR was filed against him, which led to the registration of Borkhola Police Station Case No. 12/2021, under Section 354 of the IPC, read with Section 8 of the POCSO Act. The petitioner was arrested on 17-01-2021 and, accordingly, by order dated 12-02-2021, the petitioner was placed under suspension. The petitioner was reinstated back in service on 21-09-2021 and a Disciplinary Proceeding also initiated against him. He retired on 28-02-2023. After the retirement of the petitioner, the petitioner was convicted under Section 354 of the IPC and was sentenced to undergo rigorous imprisonment for two years. Being aggrieved, the petitioner challenged the judgment and order dated 19-06-2023 before this Court, which is stilling pending for disposal. By this writ petition, the petitioner is praying for regular pension and other retiral benefits.

Issue notice.

Ms. D.D. Barman, Government Advocate enters appearance and accepts notice on behalf of the respondent Nos. 1 and 4; Mr. A. Chaliha, learned standing counsel, Finance Department, accepts notice on behalf of the respondent Nos. 2 and 8; Mr. T.

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Rabha, learned counsel appearing on behalf of Mr. A. Hassan, learned standing counsel, Accountant General, for respondent No. 3 and Mr. N.J. Khataniar, learned standing counsel, School Education Department, enters appearance and accepts notice on behalf of the respondent Nos. 5, 6 and 7.

Notice on all respondents is complete. Requisite extra copies of this writ petition be furnished to the learned counsel for the respondents during the course of the day. The respondents are allowed to file counter affidavit.

List the matter after four weeks.

In the interim, the respondents are directed to pay the provisional pension to the petitioner at the earliest.

JUDGE

Comparing Assistant