GAUHATI HIGH COURT ISSUES ORDER ON SHRI NIRUPAM BORTHAKUR V/S THE STATE OF ASSAM AND ORS.

GUWAHATI, India, Oct. 9 -- Gauhati High Court issued the following order on Sept. 9:

1. The present writ petition under Article 226 of the Constitution of India is preferred by the petitioner seeking inter-alia a direction to the respondent authorities to disburse his retirement benefits including General Provident Fund [GPF], Leave Encashment, Group Insurance Scheme [GIS], Gratuity along with regular pension. A further direction has been sought for to grant interest from the date the pension was due, that is, 31.08.2024.

2. The case of the petitioner, in brief, is that he was a member of the Assam Engineering [Public Works Department] Service. The conditions of service of the members of the Assam Engineering [Public Works Department] Service are governed by the Assam Engineering [Public Works Department] Rules, 1978, a set of rules framed under the proviso to Article 309 of the Constitution of India.

3. On 12.03.2024, the petitioner was serving as Superintending Engineer, PWD [Planning], O/o the Chief Engineer, PWD [NH] Works, Assam under the Public Works [Buildings & National Highway] Department, Government of Assam. By a Notification dated 12.03.2024, issued under the hand of the Special Commissioner & Special Secretary to the Government of Assam, Public Works [B&NH] Department, the petitioner was placed under suspension under Rule 6[1][a] of the Assam Services [Discipline & Appeal] Rules, 1964 ['the Rule, 1964' and/or 'the 1964 Rules', for short] with immediate effect pending drawal of disciplinary proceeding. In the Notification dated 12.03.2024, it was mentioned, as reported by the respondent no. 3 vide a Letter dated 26.02.2024, that the petitioner while working as Superintending Engineer, PWD [Planning] O/o the Chief Engineer, PWD [NH Works], Assam had failed to maintain absolute integrity in discharging duties as Executive Engineer, PWD, Golaghat NH Division- cum-Authority Representative in execution of a scheme, 'Strengthening of pavement from km 61/00 to km 69/00 and widening of 1.5 m paved shoulder on either side and strengthening from km 103/00 to km 106/00 of NH-39 under Annual Plan for the year of 2018-19 under Golaghat NH Division in the State of Assam on EPC Mode [Job no. 039/AS/2018-19/186]' ['the subject-work', for short]. It was mentioned that the petitioner had accepted sub-contract proposal and subsequently issued Performance Certificate to the sub-contractor without prior intimation and approval of the respondent no. 3 thereby violating the terms of the Contract Agreement, as reported by the respondent no. 3 in his letter dated 26.02.2024. The Notification further mentioned that it was reported that the Hon'ble Delhi High Court had disposed of a writ petition, W.P.[C] no. 9575/2023 wherein a direction was made to the Central Bureau of Investigation [CBI] to conduct an enquiry into the matter of issue of sub-contracting the subject-work and also to take action in accordance with law. The State Government had reached a satisfaction that it would be necessary and expedient to place the petitioner under suspension from service with immediate effect.

4. The Notification dated 12.03.2024 was followed by a Show Cause Notice dated 22.03.2024 issued under Rule 9 of the 1964 Rules read with Article 311 of the Constitution of India asking the petitioner to show cause as to why any of the penalties prescribed in Rule 7 of the 1964 Rules should not be inflicted on him against the three nos. of charges framed thereunder. A Statement of Allegation, a List of Documents and a List of Witnesses were enclosed to the Show Cause Notice as enclosures. On being served with the Show Cause Notice dated 22.03.2024, the petitioner submitted his Written Statement-in-Defence to the Show Cause Notice on 15.04.2024 traversing the statements and allegations in the Show Cause Notice.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=A9S7c5LDIsB6RXaCf816xwlm9%2F9nPTGKUF2PrLwsoPGEY3W8gjJmEl2H9tKTThS6&caseno=WP(C)/1372/2025&cCode=1&cino=GAHC010050342025&state_code=6&appFlag=)

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