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2019 DIGILAW 1063 (GAU)

Tahidur Rahman v. State of Assam

2019-09-18

MICHAEL ZOTHANKHUMA

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JUDGMENT : Michael Zothankhuma, J. Heard Ms. R.S. Deuri, learned counsel for the petitioner. Also heard Mr. G. Pegu, learned counsel for all the respondents. 2. The petitioner's case in brief is that while the petitioner was serving as Inspector of Police (B) in the GRP (Border), Pandu, escorting 6 (six) Bangladeshi nationals, one of the Bangladeshi national's escaped on 17.06.2012, through a window of the bus which was carrying them. The same resulted in the registration of Agia P.S. Case No. 72/2012, under Section 24 of the IPC against the petitioner. The petitioner was thereafter promoted to the rank of Dy. SP of Police, Commando Battalion, Mandakata, in the year 2012. 3. In view of the escape of the Bangladeshi convict on 17.06.2012, a show-cause Notice dated 16.05.2014 under Rule 9 of the Assam Services (Discipline & Appeal) Rules, 1964, was issued to the petitioner, which was replied to by the petitioner. 4. The learned counsel for the petitioner submits that the Departmental Enquiry/Proceeding, that was initiated against the petitioner has not been concluded till date, though the Enquiry Report has already been made as per the Letter dated 04.01.2018, issued by Enquiry Officer, Shri. T.P Singh IPS (retd.), Ex-DIGP (CID) Assam and addressed to Dr. Deepak Majumdar, ACS, Addl. Secretary to the Govt. of Assam, Home & Political Department. The petitioner's counsel also submits that the petitioner, in the meantime, has retired on 31.03.2018, i.e., after the present writ petition has been filed. 5. The petitioner's counsel submits that a direction may be issued to the authorities to conclude the Departmental Proceeding that has been initiated against the petitioner and confirm the promotion of the petitioner to the post of DSP, with effect from his date of promotion. 6. Mr. G. Pegu, learned counsel for the respondents submits that provisional pension has been paid to the petitioner till February 2019 and final GPF has also been paid to him. He submits that the payment of GIS and Leave Encashment to the petitioner is still under process. He further submits that he does not have any instructions with regard to the status of the Departmental Proceeding initiated against the petitioner. 7. I have heard the learned counsels for the parties. 8. He submits that the payment of GIS and Leave Encashment to the petitioner is still under process. He further submits that he does not have any instructions with regard to the status of the Departmental Proceeding initiated against the petitioner. 7. I have heard the learned counsels for the parties. 8. Though this writ petition had been filed on 13.03.2018, no instructions have been given by the State respondents to their counsel till today, with regard to the status of the Departmental Proceeding initiated against the petitioner on 16.05.2014. 9. The Letter dated 04.01.2018 (Annexure-H), issued by Shri. T.P Singh IPS (retd.), Ex.DIGP (CID) Assam, which is addressed to the Addl. Secretary to the Government of Assam, Home & Political Department is as follows:- "Sub : Departmental Proceeding in respect of Shri Tahidur Rahman, APS, the than Deputy Superintendent of Police, CDO Bn. Mandakata now Deputy Superintendent of Police (HQ), SB, Assam. Ref : Memo no. HMA 1100/2012/38 Dated, Dispur 12/12/2017 and Letter No. Proc.Cell/XXVII/35/2012/46 Dated Guwahati 15/12/2017 of A.P. HQs Guwahati. Sir, With reference to the above, I have the honour to submit as follows: 1. The Departmental Proceeding file in respect of Shri Tahidur Rehman APS, Dy.SP, was received by me for Enquiry vide Home (A) Department, Dispur Memo no. HMA 1100/2012/29-A Dated-12/11/2014. 2. After completion of the Departmental Enquiry, the Findings, note sheet pages, statements and the file of the Departmental Enquiry was send, addressed to Shri M.G.V.K Bhanu, IAS the then Principal Secretary, to the Govt. of Assam, Home & Political Department, Dispur, vide Memo no. CB-II/CID/10/14/77 Dated 21/01/2015, office of the Addl. DGP (CID) Assam, Guwahati (Copy of the Memo enclosed). The File was duly received at the office of the Principal Secretary, Home & Political Department, Dispur on 21/ 01/2015. (Copy of the Receipt Challan enclosed). 3. In this regard Memo no. CB-II/CID/10/14/126 Dated. 7/11/2017, office of the Addl. Director General of Police (CID) Assam, Guwahati, may kindly be referred to. 4. Further, I am to submit that no photocopy of the Enquiry report is available with me. Submitted for favour of your kind information." 10. (Copy of the Receipt Challan enclosed). 3. In this regard Memo no. CB-II/CID/10/14/126 Dated. 7/11/2017, office of the Addl. Director General of Police (CID) Assam, Guwahati, may kindly be referred to. 4. Further, I am to submit that no photocopy of the Enquiry report is available with me. Submitted for favour of your kind information." 10. As there has been no instructions, given by the State respondents with regard to the status of the Departmental Proceedings initiated against the petitioner, the contents of the above Letter dated 04.01.2018 gives rise to an inference that the Departmental Proceedings initiated against the petitioner has not been concluded, though the Enquiry Report has apparently been made. The State respondents cannot be allowed to keep a Departmental Proceeding in limbo, without any justification for the same, keeping in view the fact that the petitioner has retired from service and is being given provisional pension. 11. In view of the above reasons, the State respondents, especially the respondent Nos. 1, 2 & 3 are directed to complete the Departmental Proceeding initiated against the petitioner, within a period of 2 (two) months from the date of receipt of a certified copy of this order. In the meantime, the respondents are to give up-to date provisional pension to the petitioner. The writ petition is accordingly disposed of.