HEMANTA KR TALUKDAR Vs. STATE OF ASSAM AND ORS
LAWS(GAU)-2018-9-96
HIGH COURT OF GAUHATI
Decided on September 20,2018

Hemanta Kr Talukdar Appellant
VERSUS
STATE OF ASSAM AND ORS Respondents

JUDGEMENT

Suman Shyam, J. - (1.) Heard Mr. M. Choudhury, learned senior counsel appearing for the writ petitioner. I have also heard Mr. D. Nath, Addl. Sr. Govt. Advocate, Assam, appearing for the official respondents.
(2.) The writ petitioner herein, who has retired from the post of Registrar in the office of the Inspector General of Prisons, Assam has approached this Court for the second time being aggrieved by the order of penalty dated 18.05.2009 issued by the respondent No.1.
(3.) The facts of the case, briefly stated, are that while serving as the Registrar in the office of the Inspector General of Prisons, Assam, the petitioner was placed under suspension by the order dated 05.04.2008 pending drawal of departmental proceeding. On 08.07.2008 a show cause notice was issued to the petitioner containing statement of allegations along with the list of documents and the list of witnesses based on which the charges were sought to be proved. The petitioner had submitted his reply to the show cause notice on 06.08.2008. However, before the conclusion of the departmental proceeding, the order of suspension was revoked on 04.10.2008 pursuant whereto the petitioner was reinstated in service with immediate effect. In the meantime, the petitioner had superannuated from service on attaining the age of retirement with effect from 28.02.2009. On the date of his retirement, the departmental proceeding initiated against him on the basis of the show cause notice dated 08.07.2008 had, however, remained inconclusive. Months after his retirement, the petitioner was served with an order of penalty dated 18.05.2009 imposing the minor penalty of censure upon him. The impugned order dated 18.05.2009 had also provided that the period of suspension of the petitioner shall be limited to the extent of subsistence allowance already drawn by him and the period of suspension shall be counted for pensionary benefits.;


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