Ratneswar Bania vs State Of Assam And Ors

Heard Mr. U.K. Nair, learned senior counsel for the petitioner. Also heard Mr. B. Choudhury learned standing counsel for the Agricultural Department.

The petitioner who is working as a Senior Agricultural Development Officer is subjected to a departmental proceeding initiated by the show cause notice dated 21.03.2015, under Rule 9 of the Assam Services (Discipline and Appeal) Rules, 1964. The grievance raised in this writ petition is that 5 (five) years have already elapsed but the departmental proceeding is yet to be completed. Further the petitioner is suffering from kidney disease and had to undergo kidney transplant. The long lapse of time since the departmental proceeding was drawn coupled with the petitioner suffering from kidney problem is causing difficulty on the part of the petitioner in further continuing with the departmental proceeding. With the aforesaid grievances, this writ petition is instituted. It is also stated that because of the pending departmental proceeding, further promotion that the petitioner is otherwise entitled had not been considered and in the meantime persons were junior to him in the cadre of Senior Agricultural Development Officer had been promoted.

Further indication was raised that the State Enquiry Officer was appointed as Enquiry Officer in the proceeding on 28.03.2019 and although the petitioner had appeared before such enquiry officer on 3 (three) occasions on 13.06.2019, 14.08.2019 and 14.09.2020, but none had appeared on the part of the departmental authorities to carry forward the enquiry.

In the circumstances, Mr. B. Choudhury, learned counsel has obtained the instruction that the enquiry officer would require 2 to 3 days to complete the enquiry and once the enquiry is completed the disciplinary authority would pass an order and the whole process would take about 3 (three) months.

In view of such statement being made on the part of the Agricultural Department, we dispose of this writ petition requiring the State Enquiry Officer to notify the petitioner about the date, time and place of the enquiry to be held and if necessary, by giving dates close to each other so as to complete the enquiry proceeding within a period of 6 (six) weeks from the date of receipt of certified copy of the order and thereafter, the enquiry report be submitted. The disciplinary authority thereupon shall pass the necessary order by following all the due procedures of law within a period of 6 six) weeks from the submission of the enquiry report by the enquiry officer.

In the above terms, the writ petition stands disposed of.