HARENDRA NATH SARMA Vs. STATE OF ASSAM AND 4 ORS
LAWS(GAU)-2018-12-65
HIGH COURT OF GAUHATI
Decided on December 15,2018

Harendra Nath Sarma Appellant
VERSUS
State Of Assam And 4 Ors Respondents

JUDGEMENT

Nelson Sailo, J. - (1.) Heard Ms. D Borgohain, the learned counsel for the writ petitioner and Mr. B Gogoi, learned Standing counsel for Finance Department for the respondent Nos. 1 and 2. Mr. C Baruah, the learned counsel appears for the respondent Nos. 3 and 5. Also heard Mr. MR Adhikari, the learned State counsel for the respondent No.4.
(2.) The petitioner has approached this Court for the second time. His earlier writ petition i.e. WP (C) No. 830 of 2009 was disposed of vide order dated 03.06.2014 by setting aside the penalty imposed upon him vide order dated 05.12.2009, while directing the petitioner to submit his representation against the enquiry report belatedly furnished to him on 12.02.2014. Upon receipt of the representation, the respondents were directed to examine the same in accordance with law and dispose the representation within a period of 45 days from the date of receipt of the order. The respondent Nos. 1 and 2 were also directed to give the petitioner an opportunity of hearing before taking a decision.
(3.) Pursuant to the above direction, the petitioner filed his representation before the respondent Nos. 1 and 2 on 16.06.2014 (Annexure-7) and thereafter, the respondent authorities after giving the petitioner an opportunity of hearing, passed an order vide Notification dated 09.01.2015 (Annexure-8) imposing a penalty of withholding 10% of the monthly pension of the petitioner for a period of two years with immediate effect while treating the period of suspension as on duty for pensionary benefits but limiting his salary for the period to the subsistence allowance only. It is this Notification dated 09.01.2015 which is under challenge in the present writ proceeding.;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.