This video from Court No. 21 of the Gauhati High Court demonstrates the judicial process for handling disciplinary proceedings against government employees and service regularization matters. The court examines cases involving dismissal from service, compassionate appointment eligibility, and regularization of temporary posts. Key legal principles include Article 311 of the Constitution (protection against arbitrary dismissal), the role of disciplinary authorities in determining appropriate penalties, and the importance of proper documentation and procedural compliance. The court emphasizes that disciplinary proceedings initiated before retirement may continue post-retirement, and that courts must ensure due process while allowing appropriate disciplinary action. The proceedings also highlight the importance of proper service of notices, representation by authorized authorities, and the consideration of similar cases and precedents in determining appropriate remedies.
Court No 21Ajouté :
One second. Uh 23 m. 20 23 m. Okay. Heard Miss >> A Ka Miss >> AB Kaya.
>> The AB Kest AB Kest H appearing for AB Kaya appearing for the petitioner.
FCI you have informed and miss >> Sman. We have PK Singh appearing for uh FCI Food Corporation of India. Miss Ka submits that uh the conducting council has some personal difficulty and has prayed for some time. Prayer is allowed.
List this matter when?
>> 2nd of June is a hearing day. Okay. List the matter on 2nd of June.
>> With regard with with regard to item number 18.
>> Yes.
I have this prayer uh 2018 matter >> 2018 but Mr. Ahmed is some problem today so that maybe given you respondent >> respondents >> you have informed the sidearm I have informed >> Dr. Asharma >> yes I have informed yes do >> but not no further adjournment on the next day >> absolutely >> uh her MJ Ahmed is not well is some personal difficulty >> personal difficulty >> okay uh Mr. AM data >> AM data learned council for respondent number 123 submits that the uh that the conducting council has some personal difficulty and has prayed for some time prayer is allowed list this matter on fourth 4th of June Lord >> 4th of June 2026 on which date an endeavor would be made to dispose of the matters >> of this may I Lordship number 16 >> 16 >> 16 >> So you are a newly engaged >> personal difficulty his personal difficulty >> whose personal difficulty your okay this is also 16 m see it's older than the last one >> but 2016 matter it should not be adj like this okay as a last Next date you will not take any further adjournment.
Okay her Mr. >> PK Kolita >> PK Kolita >> yes >> learned council for the petitioner >> you are not on board appearing on behalf of Mr. AK Burkastra submits that u the conducting council has some personal difficulty in doing the matter today and has prayed for some time. Prayer is allowed as a last chance since the matter relates to the year 2016.
List this matter again on 4th of June.
4th of June hearing matter I beg to mention item number 21 with the consent of other >> 21 what happened 21 >> some factual development is >> huh >> some factual development is there we need >> some developments are there >> we need to take instruction from our client >> okay your Mr. Hnot on behalf of AK Borwa.
>> Okay. A Hnat on behalf of um Mr. AK Bora learned council for the petitioner submits that uh they are required to get further instructions in the matter and has and as such has paid for some time. Prayer is allowed list this matter on 9th of June.
>> May it please your lordship. I beg to mention item number 20 with the concern of other set kindly adjun the matter could be bu >> this is also 2018 matter these old matter should not get adjourned like this why can't you do it >> could not be prepared >> you are for the petitioner >> petitioner >> but next time no adjournment okay mister >> uh I'm on behalf of escapod >> your name please Armand >> Mr. Arandal appearing on behalf of Mr. Skorya >> espar learned council for the petitioner submits that the conducting council has some person acadeia personal difficulty and has prayed for some time prayer is allowed list this matter on 2nd of June 2026 organization.
>> Yes, you are the legal aid council >> and uh the who is Mr. MK Boro? He's also appearing for the petitioner.
>> He was initially the legalist council here the pleadings.
>> Okay. that the was not appearing. I have been appointed.
>> The council for the petitioner was not appearing.
>> Yes.
>> And then you were appointed.
Okay.
So who is appearing on the other side?
CK Shama Boro is appearing.
It's an old matter 2014.
My god, these matters are also pending.
Miss Fukan call who is appearing for respondent? Just check the um home department.
>> Yes.
and civil defense and commandant general of home guards he only aa so again commandant and again commandant so where is he he has come today I'll just inform him because I don't want to get this matter adjuned a what is the matter about the termination of a employee who was con working as a constable at the Assam plantation >> security force Okay. Constable India Assam T Plantation Security Force. Yes, >> your leadership.
>> He was appointed back on 311 to 1993.
>> Huh.
>> After provisional selection.
>> 31193.
>> Yes. Your lady take me to that uh if it is there the 3rd November 93.
>> Now to give a brief disc your leadership.
>> Huh?
>> Assami plantation security >> force is the result of an MOU. Your leadership will be knowing this was an MOU entered into between the state government and the AITA and they are as such governed by the regulations and the Assam Hongard rules.
>> Where where can I find this that it is due? It is due to the memorandum >> not written explicitly in the pleadings.
>> It is there in the pleadings.
>> No, it's not >> not there.
Okay, come again. What did you say?
>> He was provisionally selected >> uh by this order dated P193.
>> Is it 3 or 9?
>> 311. Okay.
>> 93.
>> Then >> apparently After this the appointment order >> for absorption came on third December 2008 >> after so long. is your relations that's quite long a time he was found suitables for absorptions to this Assam Special Reserve Force >> Battalion >> working under the name and style of Assam Industrial Security Form subject to furnishing of an undertaking in respect of the new pension scheme and willingness to come under the Assam Special Reserve 14 subject to completion of 6 months basic training your leadership will get at page 20.
>> Yes, he was absorbed.
>> Yes.
Thereafter on 111 2010 the practitioner reported for training that is not there.
So by this order of 301 2010 came there >> 3012 >> 3012 2010 >> page 21 >> unauthorized absence of Satyam Deka. is your lecture of Satyam Dea who has been discharged from training >> by the commandant 12 AP battalion Jamuri Jamuburi from the six months basic training course under him on the above mentioned ground >> he will al this person will enquire into the >> botam laskar will enquire >> he will also inquire into the allegation >> allegation submitted there his fellow employee Raju Bora against the uh RC Satyam Dea about withdrawal of money from the bank account of Raju Bora through the ATM card on 2711 2010.
>> He's asked to submit the inquiry report within 7 days from the date of issue of the letter for taking exemplary disciplinary action against the RC as directed by the additional EGCD Assam with >> signal number so and so they said 22 2010 >> so he was discharged from trainings >> yes you're right >> and he was not allowed to go for another 6 months training course and another allegation is that money was withdrawn >> money was withdrawn >> and an inquiry report was supposed to be uh submitted within seven days okay then what happened >> then this inquiry officers Under the direction of the inquiry officer, >> this botamus >> uh this da adhered to the charges. Your lady ship will come to page 22.
>> Iris Satya Deka, son of so and so, resident of so and so joined the AISF battalion on 5128.
On 111 2010, I joined the 12th AC battalion for week training. I satyam in good health said that I remained unauthorizedly absent from the training camp from 311 2010 to 312 2010 and I found the ATM card of constable Raju Boras. Thereafter on 131 12th 2010 I have withdrawn rups 9,000 which is ATM and on 1412 2010 I had returned rups 9,000 along with rupees 13,700 found in his purse totaling to rups 22,700.
A forment amount of 22,700 was returned in presence of the witnesses.
She lives >> and of AP battalion.
>> Thereafter on 14th 12th 2010 the uh commandant 12 AP battalion >> sent me to the headquarter of second AISF and I reported at the headquarter on 18th 2011.
>> Okay. Okay. He admitted his uh >> then this is what? Oh, this is the translated copy right.
Then basically the allegations were unauthorized absent from training and that he has stolen the ATM card, pen card >> and the rupees 13,700.
This as can be made out from page 22 >> was returned to the uh >> the return to the person >> person >> from whom it was stolen. Then >> as such he was discharged from training >> on his admission.
>> After this he was discharged from training.
>> What is this sir? 22 2010 letter addressed to the additional DJ civil defense regarding the detailed report that has been sub >> unauuthorized absence. Okay.
>> I can go through it. Then what happened the order 17th of February and that's at page 25.
I have carefully gone through the inquiry report submitted by AC Gautam Laskar against RC Tatyam for his unauthorized absence from training and in discipline conduct as intimated by the commandants 12 AP battalion Yamuburi Vid his letter number so and so will also discharged from training by the commandant 12 battalion with his order number so and so I am satisfied that Mercy Satyar Dea is unfit to be retained in public combatant service and he is ought to be terminated from service. I am further satisfied that under clause subclause C of the provision of clause two of article 311 that in the interest of security of the state it is not expedient to hold an inquiry under clause two of article 311 of the constitution of India against the state RC satyam >> okay I've gone through >> so he did not complete his training also for six months >> and so and so he's terminated 10.
So this termination order was challenged is challenged here before the Assam administrative.
>> Okay.
>> And appeal was filed.
>> What is this uh um what order by uh D deputy director of civil defense on 6th of January?
>> There the order read.
>> Oh, appeal is filed. careful examination of the submitted by the terminated constable. I agree with the decision of the authority and uphold the termination order of exable dated 17 to 2011.
>> The use if any may be released to him as admissible under the rules. The appeal dated 215 2011 submitted by the terminated constable Satyaram Dea Chabua Deuger is hereby disposed of the above order.
>> Okay. So his appeal before this authority was disposed of dismissed and then the Assam administrative tribunal >> there he has taken the ground >> will come to pars he that is transpired from the report that the petitioner was absent at the training with effect from 2911 2010 in unauor for unauthorized absence in unauorized manner Therefore he was discharged from the training with effect from 311 2012.
>> Okay. These are the facts and grounds.
What is the order here?
>> Before before my friend I I have a submission but from the record I have seen that an affid has been prepared and it has been sent for swearing >> 2014 matter. It's a it's a 14 m ultimately because of some because of some communication gap the records is there the instruction is there it has been sent one week time may be given so that the record uh >> no instructions are there that will do >> no let let it come on kindly kindly give us one week time let it come on on record >> I've already gone through all this >> and why I don't want to get give you because of the length of the I mean this uh see dependency That's that's true.
That's true. That's fix next Wednesday in the meant >> because on previous occasions also this time was taken on round of >> see it came up last in this month only.
>> Yes.
>> Then also you did not take time to file your affidavit.
>> No here here it has come recently and it has been it has been sent to them for >> Are you sure about this? This is about this matter. Yes ma'am. Uh so yes >> because it's such an old matter that nothing is required otherwise. Affidavit is also there by someone. Affidavit by respond number two is there >> in my record but it is not it is not available.
>> No respond number two affidavit is there.
He was the deputy director civil defense.
>> Then kindly kindly tra up at 2. I'll just I'll just go through one because that that copy possibly is not with me >> otherwise the wait some other affidavit is also there. No >> I'll I'll just go through one. I'll go >> then then my my file may not be up to date. I'll just I'll >> This was filed long back. Wait the affidate was filed when this was oh no filing date. Wait I'll give you the date.
This was 27th of November 2012.
>> Huh? How can it be 2012?
>> That was before the administrative tribunal.
>> Oh, this is not the academic. Okay. Oh, this is before the administrative tribunal.
>> Not in this proceeding.
>> Because I don't have the copy. My London file has also CS also not.
>> No, this is not a file by Let our stand come on record. Kindly kindly permit us till Wednesday. I'll I I'll file the and kindly take up on next Thursday law take I'll by Wednesday I'll file.
>> The matter has been heard to certain extent and in midst of the hearing Mr. The learner council for the government submits that instruction was sought for from the concern authority and the same has not been received.
Right?
>> It is received. Fid is drafted. We have sent it for >> the instruction had been received and the affidavit is also prepared >> and the same is was sent for vetting >> which has not been received. As such he prays for a week's time to file the necessary affiliate.
The prayer is allowed as a last opportunity.
List this matter on on 26th of this month.
>> What?
>> Right. One week. 26th of this month.
On which date positively the government advocate would file the affidavit and the matter will be taken up for final disposal.
Yes, I pray the matter be taken up after some time. I'm led by Mrs. uh Raki Chri in this matter.
>> After some time.
>> Yes, Mr. Chad.
Well, in this matter the claim made by the petitioner is in respect of an appointment for simply selection the FD which are actually this is ready for final disposal no of lake they have again filed another val that I have sent to the it's an additional ballot so that I have sent to the department >> additional affidavit why do you worry my lord >> there are some issues that I I should be worried about Because my lord and this matter earlier came before another bench >> ballot >> and uh the honorable judge he said that similar petitions he has he has dismissed so I am looking for those judgment ballot in the meantime on the last occasion last week >> so judgments of so you couldn't find you'll find it >> that four similar petitions he's my lord >> what was the order of dismissal >> dismissal so >> so he's trying to kind of >> I'm trying to find those judgments madam just before honorable justice you can on the last occasion he said I >> dismissed similar four petitions so I'm trying to catch hold of those >> what report can you close as dismiss it >> is not satisfied with my submission >> sim sim similar issues me so my lord my prayer and I have sent that addition the affid that they have filed me to the department let me get the instruction me And he has just entered. So my lord, we can always my lord car it out on the next date.
>> He was time is precious. Why do you do all this?
>> My lord, I understand. My lord say short time.
>> Huh?
>> Short date. One week's time.
>> 10 days.
>> Okay. Heard Mr. MK Chri learned senior council assisted by Mr. M. Sharma learned council for the petitioner and Mr. are dhar learner standing council for >> hand uh >> handlument textile >> handlument textile handlument textile Mr. Dhar submits that the petitioner has filed an additional affidavit which he has sent to the appropriate authorities for their feedback uh and has and as such has prayed for some time I'll not talk about the judgments this matter on on on 25th of May Monday let me >> 10 days you said on 1st of June Mr. Ch that will be too long now 1st of June >> oh fine fine >> 1st of June Mr. more than 10 days I'm giving you >> my deeply oblate man I'm not happy the opportunity of arguing before wash >> no no that you'll have many it's okay >> yes Mr isam this case my lord number four five and six are highly reviewed Respond number three service is complete right is there.
>> What about respond number three?
They have not filed any response services completed on last to proceed the matter with you >> again I'll proceed again one prayer will come no we have to file aid let me see government of secondary okay mushar is there >> then mission director >> on last they have submitted they have nothing to do with this sho >> mission director Who appears for mission director?
>> Managing director Vidyatan.
>> Yes.
Earlier these schools were governed by the director but later on this schools have been transferred to the control of uh Shang.
Later on my lord it has become an autonomous body my lord >> so there is no representation on behalf of respon tree right any uh so what any government council can appear no we don't know so others are all BGC >> yes my >> who is appearing for inspector of schools >> I think the government advocate >> no my appearing for >> this is also >> yes sir and finance somebody has to come.
>> So can it be taken up for disposal or we will wait for some formalities?
>> The response of uh the mission director is required.
>> Mission director uh respond number three >> because on the last occasion only respond number three was uh spoken of.
>> Yes sir.
>> What about two?
two lot now 23 2026 where last chance was given to 2 and three to file affidavit so two and three had representations >> on last they appeared but they have submitted that they have nothing to do with the issue >> but it's not reflected in the order to file affidavit failing which the court would proceed to decide the matter on the basis of the materials involved in the response of RMSA would be required required. RMSA is >> respond number two.
>> Oh, so RMSA would be required and there is no one for the RMSA.
Oh, there's a standing council for RMSA.
Mr. B Chri on last question, Mr. Bishi appeared in the case and he has submitted that RMSA has nothing to do with the issue.
The issue revolves around the control by managing director.
>> So there also no representation but on 28th of March 26 it is seen that respond number three was represented >> but Mr. Badri only represents two entry both he said that he he will appear but on last he has submitted that he will not uh that's why >> but call Mr. Beach after some time >> after some time call him but to my lord family pension and my lord some salary of the disease.
>> So affidavit are exchanged.
>> Yes. Yes.
>> Preings are complete.
>> Yes. So who appears on the other side?
>> Yes. Yes.
>> Huh?
>> Yes.
Union of India.
>> Union of India.
>> So CGC can appear. Yes.
>> All Union of India. All CGC only.
>> So there's no CGC today inform as Borwa. Sat Ba.
>> Huh? Mrs. Abora.
She's there today. Just call her. Okay, you can proceed then.
My lord, when the husband of the petitioner just one second, >> it was sent for mediation. Mediation failed, right?
>> Failed.
>> Okay.
>> My lord.
>> Yes. My lord, husband of the petitioner was serving as lens of my lord. Fir was registered against him and accordingly my lord he was uh and case was registered under section 307 and 427 of IPC rel with section 27 of the >> 307 attempt to murder.
>> Yes ma'am.
>> And four >> and four 427 of IPC.
>> 427 is wrongful confinement.
>> Yes ma'am. A then >> read with section 27 of the arms act.
>> Accordingly my lot he was dismissed from such >> on the basis of the >> no department. Yes, departmental proceeding was also >> my lord accordingly my lord there was a trial and in the trial if lordship may kindly come to my lord thereafter in the trial my lord he was unbel >> under section 307 426 427 >> against the order of conviction conviction my lord >> he had approached before the honorable now lordship may kindly come to page 22 >> page 22 two >> order of order of the honorable >> there's a criminal of it what happened there >> he was acquitted from that >> oh he was acquitted >> yes ma'am page 30 lordship >> I'm reading my for the reasons and discussions for mentioned this appeal has merit and the same is allowed setting aside and quashing the judgment impute whereby the appalent has been convicted and sentenced if the appalent has been dismissed from service only because of the criminal proceeding and the conviction affforementioned then he must be reinstated in service for tweet >> with all financial benefits which would have been admissible to him had he not been dismissed from this false andless criminal case >> it is left to the competent authority in the CRPF to take appropriate action against the camp commander PW1 who conspired and executed the whole thing >> but you say disciplinary proceeding was undertaken >> yes yes ma'am that is I'm coming to that against the state order Union of India had preferred an criminal appeal my lord >> before the honorable giving two charge >> now may kindly come to page 30 >> 30 >> two so what say >> here in my lot lordship may kindly come to myot question that is page 37 you're there for your mam Yes.
>> You ready?
>> Yes.
>> Not a big matter it seems.
>> So, Supreme Court, what did the honorable court get?
>> Supreme Court, my lord, that part that reinstatement part >> that interfered. But regarding the conviction part, they're not equal part, they not >> nothing is this is the portion of criminal case. Now thing is that my lord >> then >> lordship now thing is that my lord >> thereafter a disciplinary proceeding was initiated against him >> thereafter >> no not there >> during the pendency of the trial >> and accordingly my lord and accordingly my lord >> against The order of dismissal and my lord husband of the petitioner approached before dishonorable high court lordship.
>> What happened to the disciplinary proceeding?
>> He was dismissed from service >> after a full-fledged inquiry.
>> Yes.
>> Then why again high court's doors were >> I'm not sure my friend kindly come to page 40 >> 402 >> 42.
>> Yes.
>> This is by an order in the miscase. What is this miscase order?
>> Yes ma'am.
During that my lord his case for default thereafter he had filed a mis case for restoration of the repution.
>> Lordship may kindly come to page 42.
>> This is the order passed by the honorable >> and operative fortune if lordship may kindly come.
>> Why is that read filed?
>> My lord read file for against the order of dis >> dismiss.
Now lordship kindly come to page 49.
>> 40 >> 9.
>> Yes.
>> The punishment of dismissal has been imposed on the petitioner on a finding that both the charges are proved in a situation where the second charge in the disciplinary proceeding has been interfered with by the present order.
What would be the adequate measure of penalty that should be imposed on the petitioner on the basis of the first charge is a question that should be determined by the disciplinary authority and not by the court.
>> So second charge was interfered.
>> Yes. Now ultimately it was remanded.
>> Then what happened? Just see >> the power of imposition of punishment is in the employer and the role of the court would come in only if the punishment imposed it is excessive or grossly disproportionate. In such a situation, the court is of the view that the case of the petitioner should be remanded to the disciplinary authority for taking a fresh decision as to the measure of penalty that would be imposed on him in the circumstances noted above.
That is when only the first charge has been held to be proved.
>> So the second second charge was not proved.
>> Not proved and accordingly the matter was rewarded back to the discipline.
>> Second charge was uh not proved means in the disciplinary proceeding itself. Yes.
Or by this court.
>> No. No.
the court had interfered with the second charge it is stated that not fruit my lord actually that particular documents actually I don't have >> difficulty is that because his husband was died in the year of 2012 >> then okay so it was remanded to take a fresh decision on the penalty part only >> only penalty >> on a >> now thing is that after women back and consequences that may emanate from the denovo decision will follow. Thereafter they have not taken any action. He has changed is that my lord he not informed this order of this court to the authority.
>> He had not informed this order.
>> Yes to the to the office.
>> This is their content.
>> The in the affidavit they have written that >> uh >> and there after the husband >> they have submitted the same same >> and there after the husband died.
>> Yes ma'am. In the year 2025, >> this order was in which year?
>> This order is in the 200 >> 10 >> 10 2010.
>> So after this order he died.
>> After the year 2012 >> then >> but uh she had not taken any action against the process. He had >> after this order petitioner has not submitted any representation or inform about inform before the respondent authority also and >> but I I can see one representation to the director general page that's present 22 >> 22 this repetition man is not maintainable under delay of lee's ground lordship he petitioner was dismissed from service on 1998 Lord >> our as for our lordship kindly >> let him finish >> lordship >> then >> my lord they have not taken any action against that my lord >> then if conviction goes then you should be reinstated in >> no no that is not the law because conviction is different and discipline >> because my lord honorable supreme court also it is a twofolder judgement Honorable Supreme Court also interfered with the with that portion that he may be reinstated in service because in criminal cases court cannot direct instead the person in >> but then the problem is disciplinary authority had taken a decision of dismissing you. You had challenged it.
>> Yes.
>> The first charge was not proved. Second what? Second charge not proved.
>> Yes.
>> So on first the matter was remanded back. You did not inform the authorities. No my lord at that point of time I don't know my lord whether he has informed the same or not but it is the duty of the government advocate also that the same thing is supposed to intimate the authority >> but what about your duty >> no actually my lord what >> and you had given your representation in 22 >> 22 >> 12 years thereafter >> what 12 years of 10 right huh >> my lord his wife is getting nothing my lord no pension no family pension and during during that period is entitled for the area salary also.
>> So now your prayer is for financial benefits >> for financial benefit and family pension >> and family pension.
>> Yeah.
And according to yes year we have done any judgments on something >> my lord judgments >> at present actually I don't have my lord but >> okay any judgment that if he is acquitted >> my >> some any judgment that if he is acquitted some benefits will acrew to him any judgments on that uh >> at present I Hello.
>> Okay, I'll hear. Let let me hear her.
Yes. Apart from the delay and latches part, what else?
>> Kindly come to page 65 of our paper.
>> Yes.
thing >> that may I read Lord >> that with regard to the statement made in paragraph 11 of the reputition the deponent submits that this honorable court by order dated 88 8 2007 passed in criminal appeal number 45 of 2000 was the conviction and sentence order of the husband of the petitioner herein and also uh order to reinstate him will fin and all financial >> but that we have seen that Supreme Court has respondents file an appeal before the honorable Supreme Court and Supreme Court grants stay on it lordship and after that come to paragraph 11 lordship >> the honorable >> that stay will have no valid it's not no longer valid now >> after that after uh issuing of notice uh the petitioner or his wife not present before the court lordship and the petitioner was died 2012 that is also not informed before the honorable court the honorable court and also respondent authority lord lordship. Therefore, how can uh respondent authority proceed with that lordship and >> no this is uh when the high court order was passed then he was very much alive.
It was in when it was on 2007 >> but uh stay stay on the reinstatement part lordship.
>> Uhhuh. Reinstatement part Supreme Court has interfered >> interfered. Therefore that is in interfered by the Supreme Court and therefore it is not how can reinstate that.
>> No of course he cannot be reinstated on the basis of high court's order >> because Supreme Court has a set aside.
Yes.
>> But then after that there was a rate and it was remanded back.
>> Yes. Remanded by by the high court >> but that is not informed to the >> Yes. This is what you said. It is not informed. presentation filed by the petitioner >> and after that after his death uh his wife was also not informed the authority about the death of her husband >> and uh no representation filed for uh before the authority and after 10 12 years 22 2012 after he was died and after 10 years back >> yes that I have seen >> yes it >> but how many years he had rendered in his service.
>> My lord, uh >> he was appointed when >> appointed in in the year 1984 my lord.
>> 84.
>> Yes.
>> And he continued in service till >> till 2000 my lord. Uh >> 1410 98 >> 98 my lord.
>> Yes.
>> 98 14 years.
>> So 14 years of service. He'll be entitled to pension and all. Right.
>> Yes. Definitely.
>> He's a regular employee.
>> Yes. regularly.
>> So why not give him the financial benefits his to his wife?
>> Uh department has not informed about um this lordship >> but then his he his family is entitled to family pension and what about I mean it was not informed and no further penalty was imposed also right matter rested at that.
>> Yes.
>> He was dismissed from service that is their lordship >> that was set aside.
set aside uh >> and remanded back to >> remanded >> but they have not taken any action.
>> No, his dismissal was not set aside.
Only the charge second charge was not proved on the first charge directed directed to go for denovo pro >> not denovo proceeding only for imposing the penalty.
>> Yes.
>> The the authorities are best one to decide.
>> Yes.
>> Yes. So only for imposing the penalty otherwise the what the the charges are proved. The first charge was proved.
>> First charge proved second charge was not proved.
>> But then that exercise was not done. The new penalty thing is not done.
>> No nothing else.
>> So uh the dismissal part stands.
>> Yes.
>> The dismissal part set aside by the honorable >> not set aside.
Only char one charge was set to be not proved >> by the agala bench. Dismissal order was set aside the judgment.
>> Where where dismissal order was set aside agatala bench?
>> This is by justice go which I had just seen. Agatala bench just show me that.
>> No no my criminally criminal criminal criminal.
>> No no no that criminal court order god >> and honorable judgment is there at I have seen >> the criminal court's judgment is that to reinstate him which is set aside by the Supreme Court.
>> But regarding equal part >> equal he is acquitted of his criminal in his criminal case >> although I am >> but as far as his reinstatement is concerned there you have >> not specific my lord because uh they have honorable court have directed to take fresh decision regard >> not fresh decision for penalty >> fresh penalty. My lord page 49 lordship.
>> Yes that I have fresh decision as toation of penalty not fresh decision to start inquiry >> focused on him in the circumstances noted when only the first charge has been held to be proved the disciplinary authority will decide the matter for and without any delay and thereafter all such legal consequences that may that may emanate from the denovo decision.
Dean over decision what penalty has to be imposed not the inquiry right so that is not done you had not uh that was remanded then what happened nothing happened >> nothing happened and that order was passed in the >> you had not communicated this order to the authorities >> but there's a direction to uh but there was a direction to the authorities to impose fresh penalty >> whether fresh penalty were imposed or not that that that decision I want that instruction that >> that >> fact I want but in his tradition it is said that it is not discernable.
>> Yes.
>> What about the representation? Just see the representation at page 32 52 >> that is the state representation they have given some response also.
So during dependency of the criminal appeal uh these are the charge.
>> Yes.
>> Article one.
So this firing of 15 rounds were said to be not proved right?
>> Yes.
>> Only that he was absent in the coil lines was stated to have been proved >> without any permission from the competent officer. That is the charge.
The registry of this honorable court had communicated the order to your department according to her representation.
>> Yes sir.
What happened after this communication of March 22? It is internal commun communication of departmentship.
>> Wait just a minute. Last.
The disposal by the Supreme Court was in 2015 after the death of the petitioner.
>> Yes, Lord.
>> I saw 2010.
>> 2010 is high court decision order lordship.
>> Oh, 2015. 2015 various communication was made to the petitioner but petitioner not absent that is I have mentioned in our academic notes A what about this representation? There was no disposal by the authority.
>> P 57 57 >> one internal communication is next by the petitioner. One >> one second.
Then what happened? This is an internal communication. Then there's no disposal of the representation.
>> No ma'am.
There are fellow reason shown is that um her husband died there after COVID came and she was um she could not come down for representation but the registry must have sent the order to the yes >> authorities but anyways that will not be counted why don't you dispose of the representation >> that instruction I have from the department.
So let the representation be disposed of. There is also a forwarding letter that will serve the purpose or I will give the direction to dispose of the representation.
>> Yes sir.
>> Reconsider the representation already filed and to dispose of >> Yes.
>> within a time.
>> Within a time frame. Okay. Third Mr. >> Yes.
>> S Chry learned council for the petitioner and Miss Sor as Bora learned uh what >> CGC learned CGC by this application file under 226 of the 226 of the 226 of the constitution of India. The petitioner has prayed has prayed for a direction to the respondents to release the aerial salary of her deceased husband with effect from 1410 1998 to 287 2012. 12 with interest at the rate of 12% peranom full stop. The petitioner has also prayed for a direction to the respondents to grant family pension and other pensionary benefits due to the petitioner with effect from 287 2012 with interest at a rate of 12% perm.
The case of the petitioner is that while he was serving as Lance Nyak in the Central Reserve Police Force within bracket CRPF in the year 1998 an FIR was launched Where do I find these facts?
>> My lord, my lord, >> f is also not there.
>> Yes, my lord. only from the my lord page 22 that is the >> an was lodged wait bit in the year 191 he was on duty atom and husband camp was organized lost against him. Huh? alleging that during a medical camp during a uh during um during during a health checkup during a health checkup conducted in a camp he entered into an altercation the with the captain commandant camp.
No, not captain. Camp commanded commandant.
And although he was overpowered, but after some time he allegedly opened fire.
He allegedly open fired 15 rounds.
Fired. De. Huh? Allegedly open fired 15 rounds from his service rifle.
and that he was again overpowered and was handed over to the police.
Full stop. An investigation was conducted and a charge sheet was submitted under section 307 of the IPC and 27 and section 27 of the arms act.
The petitioner further stated that during the pendency of the trial he was dismissed from service.
Why order date? My on 1410 1998 >> 1410 >> 1998 >> 1410 1998 he further stated that on completion of the trial the trial court held the petitioner guilty under section 307. 7 as well as section 427 of the IPC and convicted him accordingly and convicted him by imposing a punishment of RA for 6 months under section 307 IPC and fine of rupees 1,000 under section 427 IPC.
with default stipulation full stop per thereafter the petitioner filed an appeal before the high court before the agertala bench of the high court and the high court passed the judgment and order on 88 2007 allowing the appeal and had set aside and quashed the judgment of conviction and sentence.
Full stop. The trial court further the appel the high court the high court further ordered that if the that if the petitioner was dismissed from service, he must be reinstated with all his financial benefits.
Full stop. Against a against a said order, against a set judgment and order, the Union of India went in appeal before the honorable Apex Court and the honorable Supreme Court by order by judgment and order dated.
What is the order? 233 2015 had upheld the equitital order but had observed that the reinstatement order given by the high court is required to be set aside.
sentence.
But had But had interfered had it was had ordered but had interfered with the order of reinstatement.
Ordered by the high court.
Reinstatement along with financial benefits. Hm. Reinstatement along with financial benefits was interfered interfered by ordered by the high court during dependence. Since this criminal appeal was filed when 2000, right?
During the pendency of the criminal proceedings against the petitioner, the petitioner had filed a red petition being WPC number 3058 of 1999 and the said red petition was disposed of by order dated 176 2010 by this honorable report wherein it was observed that the first charge which was to the effect that the petitioner had absented himself in the coil lines where did I get those charge >> hello 49 >> oh no no no I I got it in the representation I think two charges this.
Huh? Oh, wait. Wait. Yes.
Uhhuh. First charge to the effect that the petitioner had absented himself from the coil lines. COI.
at about 1,200 hours on 26 to 1998 without any permission from the competent authority was proved.
But the second charge in the disciplinary proceeding to the effect that he had fired 15 rounds from his service rifle was stated to have not been proved was held to be not proved. H was held to be not proved by this court.
As such, the court had remanded the matter for a fresh decision for a fresh decision as to the measure of penalty to be imposed upon the petitioner.
In case of only the first charge held to be proved.
The full stop. This court while remanding the matter had held that the disciplinary authority would be the best authority to decide on the punishment to be imposed on the on only one charge being proved.
H It is stated that the petitioner had expired on 28th 7, 2012.
That is 2 years after the said judgment and order passed by this court.
It is needless to be it is needless to mention here that during that period the criminal proceedings against the petitioner before the Supreme Court. This was in 2015. No, no. The case was insuted before the Supreme Court when >> uh 2009 >> n >> right >> criminal appeal number 101 of 201 >> and this uh high court judgment was passed in >> 2010.
>> 2010.
It is needless to mention because sir before the high court was going on who had passed the order on 2010, right?
>> 2010.
>> 2007. No.
No, 2007.
>> My court order was passed on 2010. My lord, >> page 42 by the honorable justice.
No, no. I mean to say the criminal appeal before the high court >> 2007 >> and this order was in 2010 >> and 2007 and appeal before the Supreme Court was filed after 3 years >> in the year 2009.
>> 2009 after 2 years it is needed to mention proceeding uh uh proceed uh his criminal proceeding had ended rather had ended before the high court which was again filed before the Supreme Court by the Union of India in 2009.
2009 2009 and this is 2010.
I got confused. Uh which it is needless to mention that during that period. Yes.
Now during the during the time when the during the time when the judgment of this honorable court was passed on 176 2010 the criminal proceeding before the supreme courts was going on.
The learner council for the petitioner submits that this that the petitioner what do I say why you did not inform the authorities about this order >> that is first order my lord I informed 2010 but I don't have the documents now >> mhm >> after his death my lord please >> why not before his death 2010 10 is the order.
>> It was informal >> but then the criminal case was going on right before the Supreme Court.
>> Okay. Then he right um submits that that when the sup when the criminal case was going on before the Supreme Court as stated the husband of the petitioner oh everywhere I said petitioner right that has to be changed huh Husband of the petitioner states. Okay.
H. So the husband of the petitioner expired on 287 2012 and there was a stay by the Supreme Court right?
>> Yes.
>> Yes ma'am.
stay of the high cost judgment.
>> Yes.
>> So his reinstatement thing was also stayed.
>> Stayed. Yes.
>> Why I'm asking you is because of the intervening period from 12 to 30 15 there was no communication to your authority.
>> No no >> after 15. Okay. We can say that uh this was passed and all that.
>> One thing the representation had to be filed before the 49 battalion because uh fitioner was embra she has filed it before the director general.
>> Yes Lord see but in our paragraph 13 of our FDP we have stated that that representation was not received by the commandant of 49. Therefore, may ISA want to submit him that he may petition >> let him file it before the appropriate >> pressation >> and that in 2015 the judgment of the honorable Supreme Court was pronounced full stop after the death of the husband of the petitioner.
The petitioner could not submit representation before the authority as she had minor children to look after and that the COVID period was also on.
full stop. Finally during the year 2022 analy during the finally on 31st of January 2022 the petitioner had filed a representation before the directorate general central reserve police force ministry of home affairs as well as to the deputy inspector general of police central reserve police force explaining therein about the entire facts of the case as well as her inability to file representation.
The said representation was also forwarded by the direp H reign CRP of Hyderabad but it was forwarded to the commandant 49.
>> Yes lordship but >> he did not receive.
>> Yes >> to the commandant 49th battalion CRPF the learning council for the respondent.
Oh, the learned CGC. The learned CGC however submits that a said representation was not received by the commandant 49th battalion.
In view of the facts narrated above more so the remand order passed by this court for imposing punishment only on the first charge that is absenting the petitioner absenting himself in the coil lines.
after which nothing was done.
It is in the fitness of the things.
Nothing was done and the petitioner expired by then and the petitioner expired.
It is in the fitness of the things that the petitioner may submit a representation again before the commandant before the commandant 49th battalion CRPF.
praying for um um battalion to enable her to receive the what salary the Uh-huh.
>> area salary.
>> Yes.
Her area salary area salary during his service period was also not given right.
Yes. That's not there because >> subsistence allowance was there.
>> Yes.
>> The area salary >> but >> due to the petitioner as well as that will be decided by the >> Yes. As per law department >> as well as the retire benefits full stop.
The um respon the respondent the authorities would consider her representation in the light of the facts narrated above and should not get influenced by the delay caused in submitting the representation.
Further the the authorities concerned should dispose of the representation within a month from within a month within a month from the date of receipt of this order.
>> Kindly more time required all pending m >> within two months within two months from the date of receipt of the order petition is disposed of. Please give something otherwise see one has stood not proved only one has some absenting himself few hours. Okay. You also suggest your authorities >> you were not there so matter got deferred.
>> Oh no I apologize I was in court number one. A you are appearing for RMSA.
>> RMSA >> as well as the other respondent number two mission director. Oh that is RMSA.
>> Yes.
>> Uh and as well as three other Vidya Sangatan.
>> No Lord we have not given any authority >> but then last order showed that you had appeared for both. No lo on getting instructional sanan was found in later part of 2021 October 2021 the government took a decision it's a completely different entity >> this case relates to a letter after adash came into effect whatever >> while it was under RMSA we gave a proposal for appointment to the BTC authority but they took a long time to get their necessary approval from the council head office.
Thereafter they made the recruitment. In the meantime the >> no what about this Adasha Vidyal Sangan was under the RMSA before?
>> No. Uh Adasha Vidyal was under RMSA before there before >> thereafter it was segregated.
>> Segregated >> 21 >> uh from October 2021. Aa now it's a different authority >> different authority >> and now no one to represent that authority >> lot notice has gone but they have >> sir but no one had represented and it is said that three would be the necessary party to reply to the >> yes m >> issues right >> yes >> without three can this application be disposed of their representation without their representation think cannot be in issued by number two >> that was because it was under him >> when the appointments were made my lord >> by the time >> Mr. You are the standing council of RMSA.
>> Yes ma'am.
>> And appointments were made when it was with you >> about >> Santa was with you.
>> No, we just uh s uh gave the proposal for making a appointment to the BTC authority. Recruitment was uh done by the BTC authority and we gave the our uh concern on uh 30th of November 2021.
After that it came into existence the society >> after it came into existence. Yes my my lord but they initiated the recruitment in 2022 >> and they didn't made >> so what is the role of respondent number three adashidal >> they only look after the management of the ads vidal school they make the recruitment they make the >> you said that you had given proposal to the BTC authority and they recruit >> at that time lot it was under RMSA >> subsequently within one uh one or two month after registration bed came as a society different entity it was formed first.
>> So now it is their responsibility to recruit and appoint.
>> Yes. Yes ma'am.
>> So they have to answer and you have challenged what non-appoint >> not the cancellation order.
>> Appointed and cancelled.
>> Oh appointed and cancelled.
They joined me. After few days without notice, without hearing their appointment have been cancelled, >> cancelled without hearing and all.
>> When the process started at that time they were the authority during the process authorities were brought under the control of my number three. When met and we joined suddenly our canled by British authority without >> so can you bring someone to represent respond number three >> service is complete >> at best we can take steps >> but it is served now >> yes this in the last order also it is written that the issue has to be dealt by respond number three Mr. Can you can't you take any steps to inform them and >> because it was under you only earlier >> that I can give it try and lo since overall it's under the elementary education uh school education may also direct the managing director >> school education they are made party here >> yeah they there they >> so they will represent no issue no >> secondary education or secretary to secondary education is there. So somebody miss Moshari is there she can appear.
>> No to me appear >> but what about respondent number three you please inform try to get in touch with >> I I I will inform >> and if there is any standing council there cannot be any standing council for them right it's a vidal >> vidal till now they have not appointed anyone >> okay heard Mr. B Islam I Islam J Islam learner council for the petitioner and Mr. B Chadri learned standing council oh no B Chadri uh learned council for responder number two Miss D Mushahari learned council for respond number one and Miss uh Bora learned standing council for BTC it is seen that respondent number that service of notice upon respondent number three is complete but there is no represent presentation on behalf of the same and it is also noticed that it the issue in the present repetition is required to be dealt with by respondent number three.
As such a request is such it is also stated at the bar that respondent number three was under respond number two before 2021 >> not under >> was within was >> was under uh >> mission director >> sir yes >> was under respond number two was functioning under respondent number earlier by them.
>> Okay.
Respond number three was managed by respondent number two before 2021 and that respondent number three became a separate entity from October 2021.
Therefore, the learned standing council appearing for RMSA is requested to intimate the authorities of respondent number three.
Huh? You request the authorities of respond number three for their representation in this case before this court.
Further Mr. G further the petitioner is directed to take fresh steps.
You also take fresh steps. He'll also request to take fresh steps for service of notice upon respondent number three.
Okay.
List this matter again on 8th of June 2026.
comes under the domain of number two.
>> No, his S1 number >> one respond also can >> further respondent number one is also requested to apprise the authorities of respondent number three about the instant case.
Yes, Mr. >> But it pertains to MSAP benefits >> pertains to >> last two orders might not have reflected that instructions were sought for then nothing is forthcoming.
>> What is MP?
is a financial application my one gets on completion of 10 years and 20 years of service.
>> It's a financial benefit.
>> A financial >> what is the full form?
>> Uh it is a >> modified assured carrier prospect.
>> Oh modified assured carrier prospects.
Yes. Yes. Ao instructions are awaited or instructions are there?
>> Are awaited for the inspector of schools because inspector schools is the appointing authority. So uh they will be like providing him the whether whether he is eligible or not your lordship. So instructions are awaited from them. So Lord will give us a week's time or two weeks time 10 days time your lordship I'll obtain instructions.
>> Last time miss pas priyanki das was there >> every time the same thing is coming the school has already forwarded a proposal in 2024 to the inspector of schools.
>> Inspector of schools is basically sitting upon it. The director has also written as I see from the instructions that the director has also written to the inspector of schools to expedite the matter but then somehow he's not moving >> that is why I lost >> he's so busy >> you have to let me off the instruction >> this is the last opportunity I'll give you to bring the instruction okay heard Mr. Bat what is this instruction it's from the uh director that we have written to the inspector schools that he is the authority >> that one he said >> yes yes >> okay heard Mr. Bakug learned council for the petitioner and Miss D. Mushahari learned standing council for secondary education and Mr. Khan M Khan for >> number five >> for respondent number five um may I just submit because here is written that proposal has been sent to the director to the director of secondary education and so we have uh said that since he uh since the is authorized because he is the appointing authority it is up to him to do the needful so that is the instructions given there >> the proposal has been sent it seems your >> proposal by whom to director was >> that the inspector of schools has sent the propos proposal to the director and again director will send it back.
Director has sent it because the appointee he is the authority.
>> Okay.
>> Has to be approved by director.
>> No because there is a notification it seems now it's now where it is stated that now for certain class of people it is the inspector of schools. So that is why we are awaiting instructions one to the other. Okay. Um by the last order it was reflected that the stand learned standing council for secondary education would bring instructions in the matter and when the matter is taken up today Miss Mushahari has placed one instruction wherein it is stated that the director of secondary education had requested the inspector of schools to to give the necessary instructions >> in accordance with the existing government instructions.
>> Uh-huh. Yes.
>> Lord, the last line. However, you are therefore requested to take necessary action from your end.
Director has placed one instruction wherein the director of secondary education wrote to the inspector of schools to take necessary action with regard to granting of financial upgradation under MACP's in respect of the petitioner working in Kachar High in accord comma in accordance with the existing government instructions and to process the matter through the appropriate screening committee.
to learn it standing council as such praise that she may be allowed some time to get the required instructions in the matter both from the inspector of schools as well as from the director of secondary education.
>> They will send it to him. He will give it to you. H both from the inspector of schools and director of secondary education.
Since instructions were sought to be obtained on a number of occasions and the same are not in not um and the same has not been placed. This court allows the prayer of the learned standing council for the last time and it is made clear that on the next date the petitioner will place the instructions list this matter on when Mr. Miss Mushahare 9 5th of June long time don't forget do it >> 5th of June Mr. >> Yeah >> too late >> no >> it's okay in between days one holiday 5th of June 2026 not >> oh wait yes Mr. Bati >> what is matters pertaining to compassionate appointment >> compassionate appointment >> Mr. Mr. Mia are you ready?
>> Higher education will be will have to be there.
>> Lo sent to their insection the director has sent to the recommendation to the government. I don't I have to take instruction.
>> Oh >> lo page 31 lawy.
>> Huh. uh DLC did not recommend because of the government authentication which says that residual service regarding lots if >> district committee did not send for the proposal why >> because uh his father had less than three years of service. Oh that has been >> confification.
>> So Lord against that order lo some petitions had filed. Yes, that is known.
Now the division B >> that has gone lot division B also have said >> now he said his case should be taken up for consideration that is >> so threeear period is gone even if >> I'm not that person that the recom I find there register has communication 23 in the the director then the director >> what more instructions do you can't leave >> because the 3-ear period is gone. Now even if he has less than three years service left in his career even then uh compassionate appointment will be made >> then the deputy then the DLC will >> DLC have to take it take it up lots >> DLC has to take up >> yes that's >> it here is DLC al only did not take up they did not refer it to the SLC >> did not refer it to the SLC >> now that is gone that bar is gone >> now here the petitioner has less than three of service >> still then so can it be disposed of now >> be disposed with direction >> with the direction to DLC district level committee what it >> a district level committee to consider in view of the judgment of the single judge and high division branch So nowadays the compassionate appointment is closed but then his uh his recommendation was earlier in point of time >> right it is not made retrospective no further compassionate appointment will be made but >> since this case was pending before the DLC and it was rejected on that ground so he has to be considered.
>> Okay.
>> So let me see the relevant So his appointment uh the father of the petitioner >> father of the petitioner >> when was he appointed?
>> He was a teacher. He lo doesn't require >> so DLC recommendation is there lo I mean rejection uh DLC seeking fees 30 lo these certificates are in respect of the son >> lo his son >> to show he's eligible Visibility >> visibility >> cast certificate he belongs to some very community >> salo >> also >> other backward class >> OBC okay then this is the death certificate >> page numbers 21 >> page logic An exercise >> of the father of petitioner >> Kuna Salo application was forwarded by his mother.
This is to principle of cotton college.
>> Principle of cotton college.
Then higher education also right Lots.
Even by the CM >> and this is the speaking order by the deputy commissioner also.
>> Okay. So who who following decisions have been taken by district level committee?
>> District level committee is meant by whom?
>> Committee.
>> Deputy commissioner. District commissioner.
>> Huh? District commissioner along with others.
>> There is a committee. Deputy commissioner is a >> chairman.
So where is the finding of the disping order? Yes.
>> 31 logic.
>> Huh?
>> Proposal of non duty could not be considered as a deceased person as less than 3 years.
You have the judges single judges and the division order >> logic. Uh that I have logic.
>> Just send me those. What is this? Office memorandum of 1st of June 2015. Oh there it is provided clause one.
She's He had given a representation after this high court order. Then what? What happened?
>> Nothing.
>> Nothing.
It was forwarded.
>> It was forwarded and nothing happened.
>> Okay. Heard Mr. The judgments relevant part I have given it's a big one >> this is single judges >> single two cases are single Single justice has held that it is unconstitutional >> and division bench has upheld in this relevant paragraph is paragraph 20.
>> Paragraph 16 16 17 is >> no in the single judge.
division. 16 >> 16 heard Mr. Mhaboti learner council for uh learner council for the petitioner also heard Mr. as Buya >> learned uh standing >> higher education >> higher education >> for one >> as well as Miss Kukon learned council for learned a government advocate >> respond >> for respond number four by this application filed under article 226 of the constitution of India the petitioner has prayed for compassionate no petitioner has prayed to consider his case for appointment of of for appointment on compassionate ground against any grade three or grade four vacant post.
The case of the petitioner is that the father of the petitioner died in harness on 26 96 2011 11 right >> 16 >> 16 okay six is made as an 11 96 2016 and that after the death of his father his mother made a represent oh ruba uh died in harness in so and so Pulto stop. The father of the petitioner was working as a grade four employee.
>> As a grade flow four employee in the cotton college guhati cotton college or university that time college >> cotton college >> in cotton college Guhati which is now a cotton university.
After the death of the father of the petitioner, his mother wrote a representation.
submitted a representation de submitted a representation before the honorable principal Cotton College on 296 2016 stating therein that her husband had served the college for a period of 38 years with utmost sincerity and dedication and that after his that the family is in pathetic financial condition and as such a prayer was made for appointment of her younger son that is the petitioner on compassionate basis college full stop representation was also submitted by the mother of the petitioner before the director department of higher education on 117 2016 full stop.
Thereafter the principal of Cotton College Guhati had forwarded the said representation to the director of higher education Assam on 157 2016 and the director of higher education while letter dated 118 2016 wrote to the deputy commissioner Kamuk forwarding ing the proposal.
>> Kam M branch.
>> Kam M. Huh?
Personal branch forwarding a proposal with documents received from the principal cotton college for appointment of the petitioner on compassionate ground and requesting for a necessary action.
in the district level committees.
However, the district level committee by a speaking order dated there is no date here.
H there is no date here.
>> Such a meeting was held first.
Meeting was held on 225 but this speaking order was passed on. Why that why an order speaking order dated speaking order had stated that person went to a meeting held on 225 2018.
It was decided that the petitioner could not be considered for appointment on compassionate ground due to clause one.
Analy due due to the fact that his father had less than 3 years of remaining service in the college at the time of death.
The learned council for the petitioner states that the office memorandum providing for compassionate appointment dated 1st of June 2015 provides in clause one that that only one dependent family member of a government service on of a government servant.
H member of a government servant who dies in herness would be eligible for appointment on compassionate ground.
But in cases where the government servant has less than 3 years of service in his tenure, the dependent will not be entitled for any appointment.
But the um full stop. However, the learned council submits that although clause one provides for the same but the set clause was put to challenge before this court in repetition number 1646 of 2021 and the learned single judge by order dated what is the order >> 232 page 10 par 7 >> page 10 leadings >> while ordered it at 31 2023 had held that clause one of the said office memorandum was unconstitutional and the same was struck Pull stop.
The state of Assam had filed an appeal against the said order and the honorable division bench by order dated by a common judgment and order dated.
What is this date? 12 12 2025 >> 12 12 2025 >> 12 12 2025 passed in a batch of REIT appeal rete had upheld a decision of the learned single judge and stated that clause one of the office memorandum dated 16, 2015 held as constitutionally invalid by learned single judge is justified >> number >> in a batch of reads as such one being po one being read appeal number 8 287 of 23 H as such the learner learner council for the petitioner submits that the ground of refusal by the district level committee being no longer valid.
The district level committee should reconsider the case of the petitioner for his appointment in on compassionate ground to any grade three or grade four post right to any grade three or grade four post.
This court after going through the facts of the instant case as well as the judgment passed by this court is also of the view that district level committee should reconsider the case of the petitioner for appointment on compassionate ground to any post in the cotton university or any other university. No >> project it will be cotton invest in cotton university.
It is it is also further stated that although the compassionate appointment has been stopped by notification dated it was stopped from 200525.
289 2024.
But since the instant case was earlier in point of time, any case was considered by the committees.
The case of the petitioner may also be considered again by the district level committee.
It is further directed that the committee should consider his case within a period of 1 month from the date of receipt of this order and submit the proposal before the state level committee who would again decide on the issue.
Petition is disposed of. Nothing is requ 24 >> the judgments you can take in item number n I'm praying for an little accommodation somehow I missed the matter because in list my name is not reflected Mr. Chad he in morning he informed me accordingly I came so I could not prefere can be on any other day >> we'll take it some other day let him prepare >> maybe shortly item year of 25 only okay heard Mr. >> Ellen >> lening learned council for the petitioner and Mr. UKwami >> UK Gowami learned uh standing council >> CGC >> oh learned CGSC Mr. Uh UK Sharma Guwami >> UK Gowami learned council submits that he requires some time to prepare the instant case as he was informed very lately. Uh prayer is allowed list this matter on 19 next Tuesday >> next Tuesday or 21st Thursday one week >> on 21st of uh May. Huh. And race is also directed to list to reflect the name of Mr. UK Gowwami in the cause list appearing as CGSC.
Yes. One second.
I have to re receive the instruction course of the day lordship. I pray >> you will receive >> telephoneoning information is given.
>> Then some more time to file a lordship.
Our a is required lordship.
Even Tommo learned standing council UGC was supposed to get you have the instructions shall a price their stand in the next date of listing. That was the order.
>> Yes, >> that's true. That's >> no further adjournment shall be granted.
>> And if such adjournment is required to be so granted, the same would be granted after imposion of cost.
>> That's trying to communicate. But then that's a direct order of the court that would be determined by this court which would be payable by the authorities responsible to finance adequate. Okay.
You you lend it on them not you.
>> I will get instruction today positively. That's why I'm assuming they >> then we will take up the matter in the second but second of 3:15 I'm rising >> regarding >> there record my submission they provide the instruction today lordship and within two weeks I will file with three weeks I'll file the required lordship our our is required lordship regarding the PhD the the okay the university the University Singh University is >> taking the authenticity >> this is not here our our our vit is very vital for this that's why >> okay as far as you are concerned okay you'll get it today what about Mr. two or three weeks then heavy cost >> may communicate >> what trying >> that's >> see the last order that's issued a letter to from 2026 onwards this particular university will not be entered for PhD degree to give PhD degree because there is some discrepancy >> there is a >> some discrepancy in PhD degenerate by 2026 onwards.
>> That is correct. By taking this letter this Assam government had issued a letter that the PhD candidates who have obtained the degrees earlier from 2010 or 9 etc are also deart from this degree and >> this is too much right >> too much that is therefore the last occasion when court asked he was not present another it is the if it is the stand then it is not correct then you your instruction is only necessary is not necessary Because Delhi High Court already settled the matter sing because >> oh even subsequent is also necessary courtally then okay because petitioners are suffering they are principals and they are not getting promotions till they don't see you >> they had their degrees from Singha. Yes, 2014 from 2014 by this certification they are not getting this. Therefore this order was filed because they apology was sired both of them lordship both of them but today also similar lordship lordship may pay to kick the matter after one week after one week or two week lordship by giving this by giving >> by giving this observation that stick >> but what about cost? Lordship cost is necessary lordship otherwise they will not file regarding I know but his submission may be recorded because he will file >> so some cost has to be put >> not huh >> I'll I'll get the file within two weeks >> still you are seeking >> some some weeks >> no 10 days 10 days again not for instruction not for insion for filing f and then observe the after two weeks for final disposal.
>> No, no, I'll impose some cost. It is it is it is said India's order >> LPA latest patent appeal otherwise who had given the finding Delhi I got >> LA >> not Supreme Court right?
H >> pending before Delhi I got >> intra appeal >> that matter was defined that is for PhD only PhD degree that is for appointment it is >> instructions were sought for Mr. Chammoa and higher education I >> and now today you have not given >> no I >> so cost of 10,000 10,000 each >> lot I place lots >> 10,000 only >> no loss I will go to legal durip during course of day I'll place whatever whatever instruction they have they assure me they will place I will place lordship I'll place lordship if I could not place then whatever >> okay we will take this matter up at two two you call Mr. here. Okay. And then we will decide at >> you bring the instruction otherwise we'll have to follow court's order. If you don't follow then how come the authorities will follow. That is why so many contempt >> that two >> whatever instruction they have.
>> Yes.
>> What's the matter?
>> Mr. Council, what was your name? the council sitting behind that day you moved the matter right and I said that I will dismiss but then I have allowed that matter because for not his fault it was done >> lordship uh in that matter lordship I would like to place a decision of a division bench your lordship I had just >> but then I have already signed that day only you should have placed >> lordship because only yesterday I had come to know because it is a division bench matter your lordship >> you file a review then >> lordship lordship because >> because I have already signed and it must be online now >> lordship lordship because there it has been stated that if there is disciplinary proceeding your lawship then uh uh in char even if it's an in charge he'll not be allowed to >> okay file a review >> applic basically my lord >> so in that case it uh come recruitment test was conducted >> and in that >> mushari you are ready no yes we have filed a refida >> okay Yes. Huh.
>> So advertisement was >> so appointment of graduate teachers in the high secondary school.
>> Yes. So I'm directly I'm coming from the advertisement my lord.
>> It was issued on 26 123. My lord please find at page 26 the advertisement.
>> Okay.
So applications are invited from the eligible Indian citizen as defined in article and so so and so for filling up of 205 pack of graduate teacher arts, graduate teacher science, graduate teacher Hindi, graduate teacher Sanskrit of different government secondary schools on the director of secondary school.
>> So in that case if you whatsoever look the criteria from page 28.
Page 28 is >> criteria for selection of graduate teacher art, science, Hindi and Sanskrit.
So A B C D >> the is all the criteria and my lord I want to refer from para E >> the next pagement >> the number of qualified candidates in TCO recruitment which shall be in the ratio of one is to1 vacancies advertisement >> wait number of qualified candidates in a TCOM recruitment test where did this come from >> my lord it's a TCOM recruitment test basically this >> so they have to be qualified in the test.
>> Yes. And >> that is a qualification which they receive. What this recruitment >> this recruitment is tagged with the T also mean it is along with that earlier the person has to be has to obtain the TE separately and thereafter they have to appear in recruitment.
>> That is what we know.
>> Yes. But in this process it's take that come recruitment process >> that examination also they have to give and recruitment.
>> No no in the same examination it's if your lordship will look at >> without the T degree they can appear.
>> Yes. Yes. That is no in the advertisement itself it is mentioned at 26 >> 26. Yes.
The second paragraph the district wise subject wise medium wise and category wise post details as well as date and time of receipt of online application for come recruitment test and other detail that is basically >> so without having that they can appear >> appear okay >> so it will be considered as state and recruitment also >> is teachers eligibility test right >> shall be in the ratio of one is to one of the vacancies advertised >> mean suppose some person says has been qualified and that person will be called for not 1 is to2 or 1 is to3 ratio basically and in there after in case >> you could understand what 1 is to1 >> 1 is to1 ratio means suppose uh total 205 post are there as per advertisement then 205 candidates will be called for the uh document verification not one is to two means suppose some in some examination it's like 1 is to2 or 1 is to 3 means >> there are there are two 200 vacancies then they will call for if it is 1 is to three then they will call 100 candidates the post >> okay so one is to one >> one so >> number of candidates and the post >> same >> then >> so in case any post remains fen after publication of the merit list as per the ratio of 1 is to1 then maximum two numbers of merit list will be published so maximum two numbers can be published >> if if it is less remember there shall be separate merit list stream wise earth sign so and so >> the merit list shall be prepared in a manner as below >> the marks secured why I'm reading it because they have not prepared it accordingly >> death merit list >> the merit list shall be prepared in the manner as proposed below >> the marks secured in the state recruitment list by the candidates of a particular stream for issuance for instance science stream shall be filtered out from the main list into a separate list separate merit list of science stream similar process shall be adopted for all streams mean it's a >> mark income particular stream >> particular stream means subject >> suppose it's a science stream then yes particular subject suppose it's mathematics >> for for science >> shall be filtered out from the main list into a separate merit list of science stream so okay it will be published according to this stream >> yes suppose 2005 fen posted there uh total 200 for 205 back I can post it is for >> graduate teacher arts graduate teacher science >> many streams >> yes total 205 and they will separate it filtered out >> and we'll make a separate list for science for arts >> and Sanskrit etc. So they have not published >> but then indeed examination will be streamwise only the mark secured in tech so and so of a particular stream that means stream data science Hindi right >> yes >> uh graduate teacher arts graduate teacher science graduate teacher Hindi and graduate teacher Sanskrit >> yes >> so marks obtained in that examination by any candidate of a particular stream for instance science shall be filtered out from the main list into separate list of science stream there will be separate list only.
>> Yes.
>> Again separately >> they have to make separate a separate list.
>> Okay. Anyways similar process will be adopted for all.
>> They have not published this separate list number one.
>> Then >> then my lord I have >> other criteria not required.
>> Yes.
>> Then my lord I have applied for it. My application is at page 32.
>> 32.
>> Yes.
>> Okay.
>> It is an online application >> for the test.
>> Yes. for the taste >> you applied after the advertisement.
>> Yes.
>> In persuance to that. Yes. Then >> so you wanted Bengali.
>> Yes.
>> Bengali was not provided in the advertisement.
Science, arts, Hindi and Sanskrit.
>> No. Medium is Bengali.
>> Oh, medium is Bengali.
>> Okay. Bengali.
Okay. Then >> my lord uh will please to find first full name of applicant, name of father, name of mother.
Are you debunk debunk type debunk ex-s serviceman applicants date of birth nationality religion permanent residence assam now language of MI language HSLC or equivalent examination is language of MI was Bengali >> Bengali okay >> then language as one of subject if any other than MIL that is Hindi >> and medium of instruction in class then that is Bengali >> basically >> is uh is seeking in a Bengali medium school basically there >> and he has applied under the PWD category also.
>> So this advertisement was for the entire district.
>> Yes.
>> Okay.
>> So he has applied under PWD category also because he has some disability. So I have annexed the disability certificate also at page 34.
>> PWD these are not these are teachers.
Yes, teachers. But there are uh quotas under that teachers.
>> Okay.
>> Like uh SC reservation. There are reservations SC PWD.
>> But post are related to teachers.
>> Yes.
>> Then PWD >> my PWD means it's a physically disabled person.
>> Okay. But what has teachers to go with PWD?
>> My lord.
>> Or it can be appointed anywhere. Huh?
>> My lord anywhere can be appointed.
Just like there are reservations in post like SC candidates some reservations for ST some reservations like PW candidates also there are some reservation there is I think 4% 4% 4% reserve >> as because uh it's a uh it's another issue it's a vertical reservation PWD and SSD are horizontal reserve that is another issue >> so I'm not going to that disability certificate >> but see I don't I when I'm not able to 200 Five vacant post of graduate teachers.
>> Yes ma'am.
>> Right. Under the director of secondary education.
>> Yes.
>> So how can one be appointed in PWD? So there there there will be reservations your lordship. If there are reservations will be in the context of teachers only teachers only your teachers because among the teachers there will there will be persons who are with disability with blindness and all who cannot speak and all with hearing. So those will come under the reservation category or lot of the physical >> PWD means work development department right? Oh PWD is what >> it's physically disabled.
I was under the impression PWDs. So where >> so this talking of the reservations then >> disability certificate is a p 34 >> has he mentioned here somewhere disabled?
>> Yes. Yes. In application he has also mentioned the debunk type physically challenge >> where where >> uh at page 32 my lord in application >> 32 where >> uh my lord it's column number one >> down below. No, no, it's in the middle middle portion itself. Are you debunk physically challenged?
>> Oh yes, physically challenged. Huh? Yes.
>> So here yes. Percentage of disability 40 >> 40%.
>> Deep type physically automatically handicap with at least one arm and so and so.
>> So in application he has mentioned it.
>> So there he has appeared. Admit card was issued.
card is at page 36.
>> Disability certificate was also there then.
>> Okay. Then >> oh it is it is issued by the competent authority itself. Disability certificate.
>> Yes. Director of health service. Then >> then at page 36 uh this is the admit card for the examination >> that come recruitment test.
>> There so he was qualified.
H >> the mark statement uh in the middle portion >> marks awarded written is 70 total mark 70 sorry 70.25 25.
>> No, no, no. Where marks distribution?
>> Page number 36, right?
>> Yes. 37.
>> 37. Okay. Huh. Marks awarded return so and so. Total marks so and so.
>> This uh if I read in mark sheet come admit card for document verification. It's a mark sheet come admit card for document verification.
>> Mark sheet come admit card.
>> So his his marks is uh his scored marks 70.25 total marks. M >> so day of the at the next page me >> it was called for document verification in document verification so first application number next full name of the applicant applicant's date of birth verification status next >> accepted for further processing >> yes >> for graduate teacher science post okay >> preferences for graduate teacher next my lord that is important eligible medium of school. So they wrote it Hindi >> which was his second >> choice. Huh.
>> So my grievance is basically it should be a Bengali >> so not Hindi.
>> So they put it as Hindi >> and they overall considered me as a Hindi medium student.
>> There my at 39.
>> So I made a representation for correction of that medium.
>> My medium is Bengal basically Bengali.
So that may be corrected. M >> this is a representation my >> okay >> but till today they have not rectified it >> till today there after my lord at the next page at page 40 provisional result was declared >> so that is provisional result of that come recruitment examination of graduate teacher under governments >> the role number so and so and so the result is down below >> qualified for appointment to the post of graduate teacher science subject to satisfactory medical examination report >> okay >> so I'm qualified.
>> Thereafter my lord at page 41 they have issued >> a notification calling for uh medical test for the PWD candidates.
>> So in that case my name is at serial number 153 >> at page 44.
>> These are all headers.
>> Yes.
>> So many of them.
>> Yes. So many of them.
>> Serial number. Serial number 153.
>> This is Nibendo Purto. Oh, Nirmalia.
>> Nibendo is the father.
>> Father teacher science.
>> Yes.
>> What is the last column? 1811. The date of verification.
Okay. He'll have to appear for his medical.
>> Yes.
>> So he has he has appeared in the medical.
>> So thereafter >> he appeared. There he appeared and they have declared a lease as phase 47 meability candidates eligible for appointment.
>> So in that list my name was not there.
>> Not there.
>> Not there. So >> so he was found to be unfit.
>> Yes. Unfit. As for their affid to be unfit as because that percentage of disability as per the certificate it was 40 but they found it as 28%. lesser >> lesser but my grimance is not that >> had I been considered for Bengali medium school my cut off mark is more than if your lordship look at the >> but is more than the cut off mark >> you were rejected on medical ground then what is cut off >> but my lord that why I'm coming to that if your lord look at page 50 >> yes 50.
>> So 50 column number three my lord that is graduate teacher science.
>> Uh-huh.
>> Column number three.
>> Yes. Graduate teacher science.
>> Science.
>> Yes.
>> There first Assam.
>> Next it comes Bengali.
>> So Bengali the for unreserved >> that is 69.5 >> that is the cut off mark. And for physically uh PWD candidates it's 24.25.
>> So my mark is 70.25 marks.
>> So it is more than the cut of marks as prescribed for the unreserved category.
I'm not uh claiming for the PW.
>> What is this chart? What is it reflecting? SM 7250 unreserved.
>> Yes for as medium rates.
>> Okay. Okay, Bengali we are taking Bengali it is you are unreserved then SC STP STH this is not in respect of candidates okay this is he also got 70.25 25 something right >> that is his his marks is more than the cut off marks of for the unreserved category >> I'm not claiming for the reservation >> his marks is more than the unreserved category >> required >> yes >> then >> so my marks is more than the cutff marks >> but then how is it relevant >> that is relevant >> you are rejected on medical ground >> that is another issue I'm not claiming on PW category I'm claiming on the unreserved category >> but throughout from the advertisement And you are claiming physically disabled.
>> My lord, that is the law. The law is basically suppose if a person uh made an application under some reserved category and he suppose he obtained some marks more than the unreserved category then that that his position will be shifted to >> that is in respect of cast reservation also. Oh, for all my lord even for the PW candidates also >> that >> then he'll be considered as a general candidate right >> yes >> then in that case what if he was called for the interview he was called for medical examination >> but his his candidac will not considered under the PWD category candidate his candidac will be considered under the unreserved category then if his marks is more than unreserved cut off marks of the more than the unreserved category Then he comes to this unreserved category. Had this Bengali been taken into account?
>> Yes, that is my point.
>> And Hindi was wrongly taken.
>> Yes. And even in Hindi, >> even even in Hindi the in PWD category my marks is 70. The cut mark is 70.25 which I got also.
>> You got 70.25 only. Exactly.
>> Yes.
>> Okay.
So what do you say Miss Mahari? He will be brought to the unreserved category and then he will not go through the medical examination.
>> Yes. Not necessary >> on that I'll have to obtain instructions because the affidavit that has been filed that issue has not been resolved because in paragraph 7 your lordship will see 53 page 53 of my affidavit >> of your affidavit.
>> Yes your lordship >> that point he has not pleaded in his case or what >> lordship here >> that point I have pleaded >> then >> I have pleaded that point >> then you had not replied on that. No, they have not replied >> conversion to >> even even category even I can produce a uh office memorandum of the government of Assam regarding this my lord.
>> So that point you have not touched mi >> that uh conversion paragraph seven your notes of my My this is a office member and >> one second I'll just go through his okay he had appeared he had applied as a PWT candidate right he >> and he had filed his but then okay he had applied he had gone through the examinations verification physical but then because of his marks he his uh his entire thing will be converted to general category >> yes >> then in that case his inability of physical examination will not hold good why we had because he had in in in his application what he had stated is that for language ML and all it will be Bengali for languages one subject it will be Hindi and again for medium of instruction in class 10 will be Bengali >> so that is why we have stated that the petitioners eligible for selection in both Bengali and Hindi medium school as such his provisional selection for Hindi medium school is because in in Hindi medium he was not selected >> yes >> in Bengali medium he was selected because No, Hindi Hindi in Hindi medium was considered only against Hindi medium not against Bengali >> but Hindi he wrote language is one of the subject if any other than Mile >> Hindi >> that is Hindi other than Mile language of MI is Bengali >> not sure >> so they have they have categorically stated in their affidable in both Hindi and Bengali they have stated in their affid just now read it my lord.
>> Huh? That is correct.
>> That is correct.
>> That is correct.
>> So had I been considered against the Bengal medium then definitely I would have come under the unreserved category my lord.
>> What memorandum this memorandum regarding this shifting of this reserve >> but then she wants time she has to >> like in the other case she did not place division bench and I had rendered a judgment.
>> Not sure.
>> So you take proper instruction I'll take it up tomorrow day after. Day after. Oh day after is Monday after Monday >> Monday you bring it positively >> not sure >> on this conversion part you can also bring some judgments on conversion >> yes and >> because I remember I reading in some cases where if somebody applies as a schedule cast and he gets more marks then he's in roster even >> even this office memorandum says like that that's why I'm placing it my lord a okay we you place it when on Monday my lord >> okay third mr Sir BMA >> BM Deca learned council for the petitioner and Miss D. Mushahari learned um as standing council for secondary education.
Uh list this matter for further hearing >> hearing next uh Thursday.
>> List this matter for further hearing only >> for further hearing on >> next Thursday.
>> Next Monday >> Thursday >> Thursday on 21st of May. Yes mathya.
>> Okay. He profusely apologized to the middle of a third.
>> It's okay. No, no, no apologies.
>> So you wanted some other day. I'm rising at 3:15 for a division meeting.
>> I would have loved to be in front of >> any day in the first >> I would have loved to hear you also. So what date you want?
>> Uh 9th 9th of June perhaps subject >> 9th of June. Okay. Which matter you talking of?
>> Item number two.
>> Two two. Okay. I heard Miss R. Saratia Chadi learned uh council for the petitioner and >> um >> SGI the ASGI. Yes. The Miss S. Burwa.
>> Miss S. Bora.
>> I'll just inform.
>> Yes. Yes. Miss S Bora learned SGI assistant SGI as prayed for by the learned council for the petitioner list this matter on 9th of June. You said right? Yes sir.
>> 9th of June.
>> I'm okay.
>> I apologize. No 13.
>> Huh? 13 >> item 13.
>> He has prepared I am allowed for I don't have any objective that may be allowed by >> I will leave the court.
>> It's okay. You need not be there. You will be there. I'll record your presence and I'll pass the order at two.
>> Maybe allow.
>> Yes.
>> Impleing application, right? It was filed by you.
>> H wants to imple himself.
>> Okay.
Learned council appearing for Mr. Homo.
Learned standing council for UGC and Mr. >> TR saying learned council appearing for respond number five.
It is seen from the orders passed by this court wherein the learned councils were given a number of opportunities to get their instructions and file affidavit but the same was not forthcoming.
same were not forthcoming and that by the last order dated 294 2026 this court had allowed the last opportunity to the learned councils for the respondents to get their instructions and and further with and and with a further observation that no further adjournment would be granted.
And if such adjournment request is made and is granted cost should be imposed which should be payable by the authorities who are required to send the instructions full stop today when the matter is taken up Mr. Buya learned standing council for higher education secondary or higher >> higher >> higher education submits that uh today when the matter is called up in the first half in the first half in the first half Mr. S. Bya preparing for higher education submitted that the instructions that the instructions sought for would be received by him today and the learned council appearing for UGC on behalf of Mr. Hamua submitted that two weeks time is required for getting the necessary instructions.
full stop.
It was further stated on no on full stop on no unable to concede to their request.
This honorable court requested the parties to place the instruction as soon as possible and Mr. Bya learned standing council for higher education submitted that the matter may be taken up in the second half and that he will place the instructions full stop when the matter is again called up at this in the second half Mr. Buya learned standing council submitted that the instructions are coming instruction are instructions are underway but the same could not be received by online >> by him due to some network issues and has earnestly prayed that some time may be given to to place the said instructions however miss as does no what is the name what's the name R devi however miss RDI submitted that Mr. Eight home learned standing council for hair for UGC is not available in the town and as such time is sought for.
I'm imposing cost on UGC not him and since Mr. had tried his best to get the instructions.
As such, by this order, no cost is imposed upon him.
But since it is seen that the learned standing council appearing for UGC has not tried to get the instruction as could be discerned a rupee as could be discerned a cost of rups 10,000 is imposed upon the said respondent which will be payable by the authorities of the UGC race to list this matter again on >> on Mr. >> on today's 14th on 21st of May next week Thursday.
>> Yes.
>> This case >> petition was initially engaged as >> in the 19 >> response response are given. No rash we have received instruction just this morning. Rashim wait let me see the last order >> initial order >> ah her miss Bora have appeared and accepted notice no formal notice.
Okay this su >> question is that my lord on 24 49 of the last ships code directed to produce the police so since the petition is going to be retired in the month of 30th of April. Now 284 but then it was once you have seen the earlier matter >> I retired in the >> yeah I understand APC has already been completed port wanted to dispose but >> you have retired >> I retired >> and this is um issue is what promotion >> issue is not promotion my service not been regularized DPC recommended for promotion authority not considered that is my case prep for regular my service from the date of DPC and pay the pens benefit in the meantime since I retired in the meantime and instruction BTC already got instructions.
>> BTC you have the instructions right?
>> BTC authority they are the appointed >> last order dated uh >> 284 >> 244 mil communication uh was received from the executive engineer Mushadur >> uh stating that the petitioner's case is under active consideration. A >> that much uh we have instruction but other than that we do not have at this point >> but then you played that uh to obtain complete instructions.
>> Yes.
>> Uh a prize report on 28th >> thereafter it has not come up no instruction has come up >> and you are appearing for >> PWD >> PWD is she my friend is appearing also PW department but under BTC >> under BTC. Yes. They are under state government and I am serving in the under the authority of BTC and BT BTC authority also recommended and the BTC BTC authority is the appointing authority to consider.
>> Yes. But then in last occasion she said that your case is under consideration but then maybe directed to DPC already recommended means and 5% recommended last year not recently recommended >> but if your if your service is regularized by the state respondents >> no then it's not required uh by BTC authority then this matter is not required to be heard. So let us see what they do.
as a last chance one week last prayer was that since take election in the month of this month on 12th thereafter my >> so one week's time to to let her get instruction and she also will complete get the full >> she already has instructions before >> what instructions >> you already have >> instruction this morning this morning.
So it's okay you need not file affidavit you can place those instructions >> and similar persons in the BTC authority consider 48 persons other divisions they under also >> and I also approve >> wait let me go through So they have left it to BTC authorities.
So this u uh executive engineer says that since uh he was transferred he he his post was upgraded and thereafter he was released to join the PWD Nalbury rural division. So your petitioner is under the BTC authority.
So they will decide. So you need not file any affidavit. It's okay. This is your stand >> that we are no longer responsible. Right now it is for Miss Bora to place her instructions.
Right. And Miss Bora said that it is under active consideration.
>> How many days required?
>> Whether I can dispose it off.
>> Yes. Direction may be given >> given to finish his matter.
>> Yes madam.
>> Okay.
>> To the consent authority. Yes.
>> Regularize for the date of DPC and clear the >> but you are in a regular post right?
Sentient post.
>> Not personal. No no no no thank me then present your case the benefit like regular employees show me what date you appointed what happened >> yes kindly see first engagement letter page 17 >> by master >> yes >> master worker labor >> initial master page 17 >> where then >> in the office of executive engineer PWD then >> then ship upgraded to the post of section assistant page 28 >> 208 in the year 199. What about these in between are you serving as master >> continuously serving >> then upgraded >> but you had given your representations they submitted representation before the authority even before the honorable chief minister >> on the bas of my department they considered my promotion considered page 20 >> after 2017 will find page >> after 17 page is I submitted application before the uh executive engineer page >> that is page 20.
>> Mhm.
>> Page 20 >> for what purpose?
>> For promotion to the another post promotional post >> but he was working as a master role >> initially master rule. On the basis of my representation, they considered my promotion to the post uh to the worker section 10 as page 28. In these are my representations in combination from the authority of >> 28 >> 28 married dated.
>> Mhm. It's okay. upgraded to what workers >> master workers from MR lab to work on assistant the scale of soc was he was he regularized in his post of master role there's no question of regular >> I have not regulariz I have been promoted to the post of section this sanction post >> sanction post that's not been regularized >> that is my prayer >> actually >> so these that are the as per sale of the sanction post of sanction in >> then I repeatedly requested the authority thereafter lo will find and lo regarding since I am getting the benefits like regular government employee the loy may look into the page 31 of my salary statement whether I am the sension post or not pay >> scale of pay is given to you >> scale of pay lawy everything I am getting >> regarding the the salary statement for The month of lordship January to >> February >> 6 February 26 >> from the March 2025 to February 2006 everything I am getting since the post is a sanction post >> then I requested the authority for promotion for >> why last DA area >> worships >> in the uh salary statement Why DA is area why >> everything like regular employed authority for to regularize of my service to the post of section assistant which I sering post not been regularized if not I will not be entitled for pens benefit that I requested the authority there dated page 32 will find sort for vacancy M >> page 32 >> executive engineer >> issued letter to the additional chief India PWBTC >> that is page 32 >> letter is dated 10 523 subject pitioning document sanction letter of section your letter number so and so with reference to subject above I have the honor to submit here the copy of the sanction detention of regular post of sections. The details are as followed. Number of sanction post >> is 20 men in positions of vacancy position.
>> Vacancy is >> but he was working as a work charge.
>> What section assistant?
>> Section assistant.
>> Okay.
>> Vacancy position three man in position seven out of left sanction post. But he was posted against the sanction post only >> sanction post >> but he was not regular >> regular right that is and accordingly >> by case was placed before the departmental promotion committee >> promotional committee DPC meeting your lawsuit will find page 34 >> minus of the departmental promotion committee on regulation of services of section assistant against the back post under public government BTC project date 275 25. Then next page >> page 35 second paragraphs find >> six persons have been recommended for promotion including me that after their discussions and observation and observing all documents by all members of DPCPWD.
The proposal of the member secretary with DPC PWD was accepted and recommended and suggested six numbers of work section assistant of the regulation in the two PWD division offices where total number of sanction regular sanction regular post of section assistant are lying back section in the office of executive engineer Daniel section assistant No.
>> No. Nat. Yeah. My name >> work charge section assistant. So and so so and so.
>> No.
>> So and so so and so and also for regularization.
>> This was in the year 20 25.
>> So during this time he was in service.
>> He did not retire.
>> In the meantime now I retired.
>> During that time I was not ser then >> I submitted application also.
they forwarded for under consideration and similarly supered person of the BTC law fine normally after 5 years of continuous service that they entitled to regulation this is that is letter is los 39 >> that letter is lo 40 >> this the letter of the author In the year 1979 >> minimum five years of continuous service >> to convey the sanction of the creation of temporary post and training region >> is very clear in this and BTC needs to fit in this >> my friend one please >> after hearing so she has the instructions that will Oh my every time my mother in middle part standing up and disturbing the cook I am arguing this matter >> whether >> no she I heard I asked her she said that okay it can be taken up and direction can be given >> BTC advocate has stated >> they are the authority >> they has to file >> they why are you telling what she has to do she has herself that that we have the instruction and then it can be disposed of. Now you're saying on her behalf we have >> thereafter uh uh complete instruction is not >> yes that is I have seen >> but then after that you said it's okay can be disposed of now Mr. DH is saying that an angry attitude >> what happened? No m the thing is that regarding the regularization my lord it's a very delicate issue for the state >> see there is already a DPC letter this DPC decision is there that regulariz people >> my lord says that my lord there cannot be any regular decision that is what the law is my lord my lord is >> it cannot be in a straight jacket formula it needs to be seen in fact and circumstance of decays Okay.
Yes, >> my friend said that is not applicable that another respect particularly lost against Son working as a regular SC and similarly that's why when entitled there's a letter page 14 9th of February 1979 section the photograph will find the above pool should be filled up bying the What sain assistance visit as so and so who have completed five years of service >> in the department regarding intercity a separate commission will follow the post may be refined beyond so and so under the DPP rules if necessary the expenditure divided to head accounts as shown in the enclosed list this is the concurrence of finance department on similar persons then there regularized in the BTC page 51 page 51.
that is dated at earlier.
>> 2nd of March. Office of the Exe PWR division orders number and so in part of territory PWD council letter numbered 2920 and the additional chief India PWD council letter number so dated 29 2020. the 48 numbers of what are >> this is by a similarly situated person.
>> Yeah, similarly situated they already regularize other division also. So I also approve since I c I approve that and the DPC also recommended >> I am entitled to regular date of DPC losses in the retired my friend always this time last honorable so one dictating my land so I asked him to place the instruction authority by main BTC is the appoint >> so okay you have finished.
>> This is by the I place the judgment of the honorable judgment regarding Madul after case >> this is the 2025 decided on Supreme Court on on 19th of August 2025.
>> Now what is the citation? They are the master rule and non working non-sanction polls. They s the pray for regular authority recommended subsequently rejected. They approached the honorable high court of another high court. This were rejected approach the honorable Supreme Court for so kindly.
>> So what is the citation?
>> Citation is law provided the civil appeal number >> this one. Dham Singh.
>> Yeah. Yes.
Paragraph 15 >> 15 >> 15 17 19 19.1 19.3 I will please my first paragraph number 15 losses may I read lo >> it's okay I'm reading >> paragraph 15 then 19 19.1 19.3 17. And what paragraph you said? 17 then 19 then 19.1 that by creating super report here the old sanction post then 19 three also applicable retired Yeah, in the meantime also retired.
>> Here the um the the employees were on where on ad hoc.
>> They are on ad hoc. But here is my more better case. These are sectioning master.
I am serving as section against sanction and sanction.
>> Okay then. Yes, Mr. Bor subition by regular on the date of DPC mean I in the meantime pay my benefit all and the pension also.
Okay, Miss Bora >> Lordship uh regarding uh other than this my lord I do not have any instructions my lord only I uh I have that communication that it uh his case is under active consideration there thereafter I do not have any instruction >> so my lord uh if state has to say something >> now where did Mr. Dhar go out of the statement What judgment? Tell me about the facts of that judgment.
>> My lord, >> in the year 2005, my lord, what happened? Uh state regularized something around 30,000 plus master workers and work charge employees >> by some cabinet decision.
>> By some cabinet decision >> then my lord many were left out.
Then uh we tried to my lord uh go for further regularization. In the meantime this opendas they came >> here in the repetition. Then in an appeal >> there my lord >> this division b held that >> my lord the last paragraph.
>> Mhm.
>> The last paragraph of judgment. My lord is >> paragraph 22.
>> 22 my lord.
Last paragraph my lord from 22 and 23 these two are important my >> I'm reading 22 it is however heartening to learn that the state government has agreed not to terminate the master workers work church and sim similar place persons working since last more than 10 years >> this is see it is not in sanction post yes >> but here there's a difference here he is working in a sanction post.
>> He was promoted to work charge assistant.
>> Work charge is not a milotard sanction poster. Work charge milard assistant.
>> Section assistant work charge section assistant.
>> That's that that is what my lord from master worker he has to be has to be in a sanctioned postmord.
see his appointment and his promotion order to work charge that that is what my lord let BTC file an FD to the effect that it is in a sanction post my lord because tomorrow my lord there will be more problem my lord if it is not you won't be able to give concurrence finance will not give concurrence we'll come for an appeal >> but see you should have decided you are the government authorities one says that take it up okay direction can be given now after hearing the entire matter you say BTC is required to file affidavit This is not done. My time is being wasted.
What is this? And the way you had approached this court, this is also not done.
Listen, I will submit. What is this?
This is the behavior. Did you see me behaving like this when I was on the other side?
>> I I'm I'm sorry my lord. I was just rushing from some other court.
>> No, no, I'll dispose it off.
>> As the BTC advocate has said, it will be all in the recordings.
But my lord will uh >> BTC will decide what they have to do and what not.
>> But they will send it to us. My lord that is why I am we will say party in this case. So my lord will >> you are all separate parties now you are appearing for what?
>> PWD >> PWD.
>> Yes my lord.
>> PWD for the BTC area.
>> No >> then >> PWD for the state.
>> For the state >> because we give them the minimal concurrence when they will need for >> to give if we allow regularization you have to give. That is why my lord will >> you will take their services you will make them work for years and years and then you say no we cannot what is this >> my lord will quote my submission par 22 and 23 of the judgment >> 22 23 is different this is in respect of uns non-sanctioned post >> my lord will reject my submission but my will quote it >> definitely whatever judgments are being produced I'll have to quote it I'll have to refer to it >> yes my lord Now tell me Miss Bora you tell me whether they are in a sanctioned post or what week's time if I can get something I'll come up with that.
>> This is not done. This is not done. This is purely wasting the court's time.
>> You bring it by Monday.
>> By Monday I'll remember the facts. Bring it by Monday.
My part Mr. Fu Bmia learned council for the petitioner and M Bora learned standing council for BTC and Mr. ARD her learned standing council PWD please this matter again for further hearing on >> 18th of May >> these two cases I'm keeping it in the file May I please?
>> Yes.
>> Let me ask whether Oh, yes.
>> Yes.
>> Application. Yes.
>> So, whom do you want to Who who are you?
I am I'm for the applicantship.
Applicantship.
Yes. Lordship. Yes. Lordship.
>> You representing two persons wants to imple yourself.
>> Yes. Lordship.
>> In this repetition, how are you affected? How are you? What is the effect?
>> I am the lordship. Guardant of the people of the school. Lordship.
>> Guard.
>> Guardant of the people. Lordship.
Student. That means lordship of the student.
>> Yes. Lordship. Garden of some students.
>> Yes. Lordship.
>> Now whether you're P or >> Yes. Lordship I >> participation is required.
>> Yes. Lordship.
>> How can be how can >> we are looking after the because we are looking after the management of the school. When we are lordship we are the resident of the locality surrounding the school lordship.
>> Now what happened? What is the cause of action?
Lordship the repetition repetition has obtained an entry order regarding extension of management committee. The period of yes lordship the period of a manage school managing committee is only for 3 years already 3 years is over lordship due to in order lordship obtained by my learned print lordship authority I cannot lship make a refresh lordship >> a status quo was maintained. Yes lordship >> and they are continuing.
>> Yes Lord >> managing committee >> managing thenship if lordship order is their lordship authority cannot lordship constitute a fresh school management committee because they are contining by virtue of this entry mode >> therefore lordship.
So how are you affected >> and yes not only me lordship publicly for a moment the >> entire issue was on extension of the managing committee.
>> Yes lordship >> and there is now a stay or a status quo whatever now they are continuing. Yes Lord.
>> Now you being the guardian of some students. Okay. You affected >> kindly 10 lers one.
>> I >> Yes. Lordship. I there the public lordship. They have also submitted representation before the authority lordship for dissolving the school management committee.
>> So we are representing the public >> lordship and we are of the signator. amongst them. How are students u how can students question and Page 17 lordship in extra 1A this is the last >> wait I not finished reading page 17 lordship No managing committee is not a new managing committee has not come. It is not being constituted.
Childrens are suffering in what way?
They are not getting >> there are not a lordship involved here.
Lordship we the people of the locality locality the old lordship earlier management committee lordship the period of earlier management is over >> but then why why you are required to be made a party now it is for the it is for the authorities to see >> yes >> that those authorities are already made a party here >> lordship they not pursuing this lordship therefore >> they not lordship pursuing the matter lordship because lordship What day will not be personally interested?
>> Not interested.
>> Not required to be personally interested.
>> You file a P then >> we noip we are affecting lordship.
Earlier lordship old management committee they did not contain any meeting lordship any >> who is appearing for elementary education there are they required to be made a party I don't see them as a necessary proper party for adjudication of the case >> yes l >> secondary education elementary education everyone is there director is there >> then block elementary education officer the headmaster is also made a party >> and Then you being the guardian of few how can that suffice?
>> We are lordship we are two people before this honorable put out of the lordship public school surrounding the school lordship and we are what we are of the signatories of this lordship representation lordship is 17 lordship kind for a moment.
Okay. You file representation before the principal, right? Yes. So you have filed representation before the principal and principal is made here a party.
Block elementary education officer leadership. Represent representation submitted to the block elementary education officer. Block elementary education officership. These people approached this block.
Bio replied that since there is a interim order therefore we cannot constitute committee >> there is an interim order now con unless the repetition is heard and disc authority there not interested to to dissolve this committee therefore the local people are before this honorable court lash president yes l of the school managing committee lordship what is the prayer made here lash What is this imp of 383 entering order is not with me lordship but lordship finally >> aa to initiate the process. 32 >> to direct the respondents not to initiate the process of reconstitution on the before complaint tenure of the existing school in respect of so and so the basis of the so what they say is that their term is not over >> yes lordship at that lordship >> their term is not over >> yes >> and so they cannot be chugged out >> yes lordship >> where is the imping order is not with me.
>> 38 20 23.
>> Yes.
>> 38 20 23 >> 38 or 38 38. But then there is one 38 1123.
>> Okay. Let the other let the petitioners council be there. Okay. We'll take it up tomorrow because I need to know the facts.
>> Before impleading, huh?
>> Uh heard Mr. What was his name?
>> S Islam.
>> S Islam. Learner council for the petitioner.
And uh you're Mr. >> S. Ali.
>> S Ali. Learner council for >> applicants. for the applicants.
No, you write S Ali for the applicant and S as Islam.
>> Yes, >> for the respondent. Huh? List this matter again tomorrow.
Tell Mr. Islam to be here.
>> Tomorrow that is 15th of May.
>> This is a contempt. You should kindly pay off the last order.
>> Mr. Bora, >> my lord.
>> Yes, >> me I have received the instructional here. I need some time.
>> I need some time here. Mot actually has been to the secretary but some mistake is there. Decision is not yet taken.
>> Not taken. Mother procedure is going on regarding provincial as the service of the PT.
>> But see on two occasions, >> two man with regard to the proposals. What two occasions? Maybe more.
>> Yeah.
up to date instruction so many times h >> because cases of 24 >> two month >> okay I'll give you only one week's time I'll fix it now >> can it be mal 15 days mal 2 weeks >> 21 21st of May >> can it be on 26th m >> 26th okay 26th >> heard mr Mr. MH Losker learned council for the petitioner and Mr. PK Bora right PK Bora learned council for respond number one and two Mr. The Bora submits that he requires um requires a very short time to get the >> decision taken >> on the proposal submitted for provincialization of services by the petitioners.
>> Prayer is allowed. List this matter on 26th of May 2026 as the last opportunity.
Why has it come up for orders today?
>> My lord, as for the last order, we have taken steps upon respondent number four and five.
>> However, the steps are still awaited.
>> You have taken steps awaited, right?
Wait, >> there is another prayer. Uh the issue in this repetition is similar to some other petitions. So, I have a list of those matters. This matter may be And there's also any interim granted. No, >> it is granted till the next day of >> huh must granted till today.
>> Aa where is that?
>> Last order 742.
That mean >> no corive action.
>> No corive.
>> Okay. You right. Third Mr. >> S banik.
>> S bananik.
>> Banik.
>> Huh?
>> By banik.
>> Banik. learn and council for the petitioner.
It is submitted that the petitioner had taken steps for service of notice upon respond number four and five but there is no office note reflecting that the service is complete.
As such the service may be awaited for some time.
The council for the petitioner also submits that there are analogous petitions filed by similarly situated similarly situated what some employees similarly situated employees and the said petitions may be listed along with the same the analogous petitions are numbered as so and so prayer is allowed list this matter along with the said analogous petitions do those petitions were fixed on what date >> I don't know about the date it was fixed today >> along with the other petitions huh >> organizations are different I think our organization we are filing seeking relief against Assam Petrochemicals or >> no unless you have the dates there >> I don't have the date >> otherwise when will I fix it >> you may take together with those items >> if no dates are fixed Then you have to pray submit before the race to list it and log. Uh the interim order passed earlier shall continue until the next returnable date.
Does the matter relates to >> other side is not there >> appears about >> who are the parties here?
>> LIC >> who appears for LIC >> uh SPI >> SP chi so he can represent all the respondents.
>> Yes sir. He has he has been representing all the respond. So inform him otherwise if the prayer comes that no I cannot do he's not there then again after hearing the entire case >> right >> like in the other cases I had to get it adjourned >> I'll take up the next matter till then let him let us see whether he comes >> okay item I this has come after long.
H Rman.
Yes.
No one appears.
None appeared on for the petitioner on call.
Neither the councils representing the respondents were present are present for the interest of justice. List this matter again on >> 2nd of June 2026 >> Mr. D does 22 >> 19 19 Yes. No one has appeared okay Mr. Z Gwami >> Z G Z G Z G Z G Z G Z G Z G Z G Z G Z G >> Z Gwami >> Z Gowami for >> respondent railway >> respond respondent but he's not there so I'm fixing some other my presence very >> yes give your >> Mr. Indeed.
So on the last occasion Mr. Das was there. Didas means not Mr. does some other >> I think is there I think >> no but then no one is there as discussing as is for the higher ed and last night there is some discussion for we have file our FDP >> yes >> but the same not on record I think it has come >> and they will file the reminder that supposed to come. I can't see it.
>> It's okay. None appears on call for the petitioner.
However, Mr. Sba is there for >> higher education >> for the higher education department for the ends of justice. List this matter again on 4th of June.
M >> can the hearing be over in 25 what?
>> Perhaps not.
>> 15 20 25 minutes.
>> The two repetitions the is the >> the repetitions are against an order of penalty of dismissal from service. Madam perhaps it will not be over.
>> Yeah, I think so. But then okay sum facts I can give just Yes Mr. Chi we are for which matters I don't think so I'll be taking up any 315 discord is rising >> the next matter 25 >> it has been tagged with another matter >> which is 2192 I'm sorry 2304 >> some other analogous matters are there >> no this has been wrongly connected with the other matter it should have been 23 Please because >> the issue is m out of one incident two CRP persons involved.
>> One fellow shoted one one fellow and one got injured. Both have been DP was initiated. Both have been dismissed.
>> So both have challenged the DP.
>> So it has to be connected.
>> It has to be taken up >> taken up together.
>> It has to be taken up with WPC 2302 of 24 that is Rajushil versus Union of India. So there is a disposed of repetition which is >> that is that is that doesn't mistakenly >> oh okay in 25 you right Mr. RKD Chry, Learned Senior Council and Deputy SGI submitted that the red petition which is tagged along with the red petition which is tagged along with the present rate petition that is WPC no read petition tagged that is WPC number 2304 of 24 which is dis which is a disposed of petition tagged along along with the present red petition is is an incorrect petition and the correct petition that should be tagged along with the present petition is >> WPC >> WPC number 2302 >> of 2024 yes >> of 2024 >> that is Rajuil versus Union of India >> okay >> that is Raju Singh >> RajuL S A L >> No S H I SH Shil S I L Huh versus Union of India.
>> As such that the registry is directed to tag the petition mentioned above with the present instant petition >> and that disposed of petition required of education.
>> Ah yes on the next date.
>> Yes sir. List this matter on >> any day.
>> List this matter on >> 11th of June.
>> 11 meetings are complete otherwise.
>> Yes, that is fine.
>> 11th of June.
>> That's 2020.
>> 26 up.
>> Huh? I will hear this matter for some time.
>> Relates to your >> Okay. So item 26 you write >> can be taken up on 21st >> as prayed for by the learned council for the parties list this matter on 21st >> 21st of May 2026 >> then dates will be given by the coastmaster okay >> may please your lordship >> dates will be given >> my apologies your lordships in item number 22 I'm led by senior council Mr. Yellowship when the matter was called up he was on >> 82 >> in court number 10 your lordship his name may be recorded your lordship >> okay so you are miss >> a sharma >> a sharma for on behalf of >> Mr. Das senior >> Mr. Did you?
>> Yes.
>> A I thought someone else some other detas. Okay, sir. And I did. Item number 22.
>> Let me hear the present matter.
>> Yes.
>> Otherwise you can go master will give you time.
>> Item number 17. I tried to was supposed to take up after some time.
I tried to connect Mrs. Chri could not connect him.
>> The item number 17.
>> Oh Mr. SP. So he's not there. his number thrice not picking up perhaps perhaps he's some >> well he might be in some port also >> some other ports maybe >> so may I just pray for uh can it be taken about 28 this is a 2016 matter yes >> by the parties by the council appearing for the parties list matter when >> 28th of May >> 20 28 >> 28 28 of May 2026 here item 17 right >> 17 >> 17 or >> grateful Okay, this one I can hear for 15 minutes and then >> my uh >> next week.
>> Yes, >> because tomorrow is a Friday there will be so many miscellaneous matters.
>> What happened my lord?
>> Or we want to start refresh on some other day >> it it'll be better my lord in that case >> but this is a big one so let me go through.
>> Yeah.
>> Okay. What happened?
>> Give me the broad idea.
>> Yes. Yes. The petitioner was serving as Deputy General >> which petition you >> I'm taking WPC 6971 this is >> oh this is 394 there are two petitions >> two petition there are two petitions initially he was dismissed from service and he filed appeal it was not taken into consideration >> appeal before the authority yes >> it was not taken into consideration thereafter me he has preferred this earlier repetition and during the pendency of the earlier repetitions they have issued the impute order in this which is impunity the secondition dismissing the appeal. Therefore, he has filed the second and >> give me the other petition 16 >> 6971 >> 6971 that one I'll hear it first.
>> Yes.
Then >> and just now I have given me the one. So >> there are bunch of case laws.
>> No no these are this is my index. I have given the index with some description what what is given in the next I have given this find 1 to 33. This is the date of retirement the certificate is issued. My lord, he has retired on completion of in service on 312.
>> Oh, he retired.
>> Yes, he has retired from service. This is the completion certificate.
>> Panka Chetri designation deputy general manager chemistry.
>> Yes.
>> Uh served the oil and >> yes >> in various capacities from 88 to 20.
>> Yes.
>> He separated from the company in 21.
Yes. on retirement for service on the date of leaving the company he was on basic pay.
>> Yes.
>> So 1 lakh 86,000. So this is a regular retirement from service >> retirement regular.
>> Uh the length of service is less >> length of service he was uh he's completed his full service.
>> Oh 88 no 98 2008.
>> Yes.
>> 2018. So 30 more than 30 years.
>> Yes. M comp what happened my one uh I take ship to NX 2 which is >> I'm referring to your list of data >> yes page page 49 is relevant >> this is 2 is page 34 >> uh yes start 34 our relevant is page 49 >> 49 >> yes here you also will find this is the sheet submitted by the CBI before the TBI court me >> and uh where they I have stated in >> tit.
>> Yes.
>> Some allegation against him.
>> Yes.
>> Okay.
>> Not only him but other cases >> after his retirement. No.
>> It was submitted on myot 28 12 2019.
>> 28 12 2019. Yes.
>> And he retired on what date?
>> He retired on my 312 2020.
>> 20.
>> Yes.
>> But you have written 12 year.
>> Oh no. No. Of service completion issued by when date of retirement you have written 12.
in the list of dates.
>> It's wrong. It's 1220.
>> Wait 312 2020.
>> Yes.
>> There's a wrong mistake you have done.
>> And there after uh >> so 2019 now year before.
>> Yes.
>> A charit was submitted.
>> Yes. Submitted in page 49, Yoshil Pine in the paragraph 3. It is clearly written during joint surprise check conducted on 223 2018 due to shortage of time and manpower the above diversion was not verified on 223 2018 or subsequent days.
>> What is the allegation?
>> Allegation my lord I take your lordship to the chit. Uh it is given >> fire is not a next. Yes, >> the file is not there.
>> Yeah, there it is. Ex 5 page. It starts from page 70 is the memorandum of charge of the department >> page. It starts from page 70 m.
>> No, no, no. This is >> this is the department.
>> And the other one which he was referring to was the chashet submitted by CBI for trial.
>> Yes.
>> But he is one of the accused person.
Yes. And the trial is going on.
>> Yes. That I'll come to come I will come later on. This is the memorandum of church ballot page 71.
>> This is a disciplinary inquiry.
>> Yes.
>> Yes.
>> So memor was given to him.
>> Yes.
>> On 1910 just before his retirement.
>> Yes. Yes.
>> Okay.
>> 1910. It was my lord he abused his official.
>> Where are you reading?
>> Articles article of charges. My >> memorandum I'm holding sir page 17. I'm reading from page 71 >> article of charges charge >> phatri chief chemist and now DGM chemistry connective with private person namely su jointo inferring chemicals and causing financial loss to the tune of rupees 12 lakhs 41 1241 lakhs or to the organization but for recovery during joint surprise check and in furtherance to such nar nefarious >> activous activities he also committed following gross misconduct and acts of commission and omission and commission he abused >> he is involved in pilfering >> chemicals and causing financial loss to the organization >> allegation this is the allegation what is that me he abused his official position in diverting the chemicals organized >> consigned >> consigned for Gali drill site rig number 140 Roman 6 to >> so and so ID >> and directed Bura >> Burauhai technical assistant grade 2 to receive the chemicals which were short as preferred >> and at rig number such and such though there was no immediate requirement for the set chem chemicals at the drill site. Further, he also he mis misplaced concealed the chemistry log books drilling fluids reports pertaining to rigs number such and such and rig number such so as to suppress the illegal diversion of the save chemicals. He did not ensure weighing arrangements at drill sites so that chemicals could be weighed and accounted for properly at the time properly the time of receipt of consignment thereby facilitating pifage of chemicals. He >> so he diverted the chemicals >> number one >> consigned for gali drill. Yes, >> the chemical should reach gali drill but he diverted >> divert. This is the allegation >> and what happened and loijit so and so to receive the chemicals which were and he had given to one loijit burai.
>> Yes, this is the allegation. This is the next was me he also did not ensure deployment of escort along with the trucks carrying chemicals in terms of provisions contained in paras and such of the integrated >> chemicals. What are these chemicals?
>> Chemicals are used for the digging melo.
These chemicals are because the drill the big well and for getting the well done me they have to give some chemicals so that the mud becomes fluid. It becomes uh in the earthquid. Yes. Earth becomes liquid so that the digging part becomes easier.
>> This is this is chemicals. It is given through the pipe and during the digging purpose. So these are the chemicals which are >> quite costly chemicals.
>> Yes.
>> 12.41 lakhs to the organization. Yes.
Okay.
>> Now with regard to my lord I take these are the allegations >> he committed gross misconduct.
>> This is this is this is allegations >> and uh then >> I take your >> only this allegation right?
>> Yes I take your to page number 62. This is the as regards uh page number 62 >> 64.
>> Yeah.
>> Relevance portion page 67 and 68.
This is the contract agreement of transport vehicle because the chemicals are taken through vehicles track truck track and and the trucks owners are required to enter into agreement with the OMGC before entering into the assignment and as per that there is a for doing that there is a agreement contract and pay 67 point number 5.29 29 >> elible fine 5.296 contractor shall be responsible to take all steps to prevent loss damage to materials given for transportation any damage or loss to material during transportation shall be recovered from the contractor.
Assessment of loss damage to materials shall be done by OGC as per standard pro practice. The decision of OMGC in this regard will be final and binding.
Meaning thereby my lord the contractors that the truck owners who are responsible for taking the chemicals from the godown to the drill site they are the responsible persons as per the contract >> number one. Number two my lord 5.35 it it is at p 68 m in case of truck I married man in case the truck is found to be involved in any case or pifage the contract may be terminated in case of seizure of the truck by state authorities police on this account the responsibility regarding release of the truck shall rest with the contractor solely shall impose applicable penalty as per liquidated damage causing during the period of Caesar on account of non-ability unless the civil or police authorities clears the indulgence of contractor's truck against the church.
>> A this is an agreement between whom and whom?
>> This is the agreement between and the truck owner and the contractors. Yes truck owner because they have given me allegations that I have diverted there a loss on me by me but the thing is that it is not done by me it is carried through by the truck and that in case of any loss or damage the truck owner is responsible the responsibility cannot be wasted upon me >> that is one aspect >> admittedly those chemicals were taken by a truck >> yes taken by truck they are taken by always taken by truck >> h Then >> then I take the notion to page number 69. This is the stock.
>> This is the STO stock transfer order.
>> Whenever my lord chemicals are required to move move from one place to another there is entry and exit entry in the log book.
>> This is this stock transfer order. The order and that's a log book.
This is done through online digital system is there and in this sheet my lord never the petitioner signed >> he was neither responsible for sending and not for my receiving because he has never signed this.
>> Okay.
So this petitioner had never signed.
>> Yes. Apart from that my lord, I take your ship to uh an extra.
>> This is the m the chemicals that were taken, right?
>> Yes.
>> Ignite power ligignite powder.
>> Yes.
>> And all these?
>> Yeah.
>> Six numbers.
>> Yes.
Kindly come to page 71. It is last signature.
>> It is the sher notice. This is Me of charge signed by director offshore.
>> In this regard I have to state my lord the director offshore is not the administrative authority of the petitioner.
>> It is the my lord uh because there are two modes of disciplinary proceedings.
One case where individually individual me employee is made the delinquent employee in the departmental proceeding.
then the concerned head of the department of that particular uh where the department where the employee is working is the disciplinary authority when there are more than one employee >> then then the senior most director would be the disciplinary authority >> here >> here there is only one person who is >> yes I'm the single person but they have made the director offshore as the sign >> authority according to you he the >> he's not the >> author he's not the competent person >> head of the department will be >> director exploration >> director exploration >> exploration is my the departmental author proced how can you say that >> yes because my lord this I'll come later on my office guidelines are there >> with regard to the >> I have given in the column seven of this I have given the note my lord in the that two pages I have given that I have written this regarding the my lord charge they have stated my lord that I need to provide the uh escort escort for carrying the materials as there was loss and uh liabilities imposed upon me and they have stated that as to why I have not provided the escort >> but for that my lord there is a guideline my lord I take your loy to page number 87 point number four >> point number four >> four manual uh >> different page number >> 8 to charge point for >> 87 >> 87 >> 87 87 of >> 87 of this petition charge number four >> yes reply to it is me I'm giving the reply me this when there is only materials are taken through wagon train my lord then only escort is provided as per my lord I am a manual clause 36.8.1 >> as per their manual >> manual meot 36.8.1 8.1 >> only trains trains are required materials are carry carried through train my lord the wagons then only my lord this is security has to be provided escort has to be provided >> that is his reply >> that is his reply and here it has come to track >> then why shall I my lord be responsible for providing the escort my lord >> and my lord they have imposed another charge that >> the train there should be an escort not in respect of >> a truck >> truck >> truck >> can it be believable >> they have it is their guideline >> how can an escort uh be kept after a train or before the train >> yes that is that is their guideline meot and one aspect they have meot given upon me my lord that I have not taken any steps for measuring the chemicals at the receiving point >> there is No such guideline in the OMGC.
There is no such arrange arrangement also for measuring the materials which is received at the drilling site and this aspect has been admitted by the director offshore in before the learned code CBI meal that I have enexed.
>> This there is no facility >> they have they have admitted this is not requirement. I will take later on there.
I take a losh to page number uh 135 clause 34.
This is the rule uh for of the for conducting my lord disciplinary proceedings and imposing punishment.
>> 135 >> 135 clause 34 >> Nature of penalties. Nature of penalty when and how has to be imposed. My lord, >> I read much. The following penalties may for good and sufficient reasons and as herein provided be imposed on an employee who is found guilty of misconduct or a breach of any rules or orders made by the company or by any other authority empowered in that behalf by the company. namely major penalties sure such and such minor penalties my these are the minor penalties major penalties I I take your lordship to major penalties uh 11 >> 11 dis because I have been dismissed therefore I'm reading this dismissal from service which shall ordinary >> so that was not your retirement you were dismissed from service >> yes after retirement after after retirement I have been dismissed from service >> but after retirement you are dismissed >> yes that is the thing >> that is permissible Communicable please >> under the rules. Now if the inquiry is initiated before his retirement then the inquiry continues post retirement and any punishment under the service rules can be imposed even if the person retires from service.
>> Okay. Punishment can be imposed but dismissal is what?
>> Ah dismissal can also be imposed. I will take your lawsuit there uh with effect from some earlier date >> from the date the order is passed >> or because he cannot be retained because there's a provision in the >> he has retired so he will not be retained.
>> Huh. So he has retired. It is there in other service rules of the state service rules, central service rules, even the bank service rule. If a person retires and before his retirement any disciplinary profiting is initiated and that can continue and any punishment under the rules can be imposed which includes dismissal from service >> but dismissal of course any punishment can be imposed but dismissal retirement thing will be revoked dismissed from service or what >> dismissal can be imposed.
>> Okay. Now it's 3:15. We will we will hear it or >> Yes.
>> Let's see.
>> On Monday.
>> Monday is a miscellaneous day. We will be discuss Tuesday at 2 p.m.
>> Tuesday means >> Friday will be Friday.
>> There are so many matters. I'm told >> next week I'll have some difficulties.
Can it be on some other date? end of this month or 4th of June.
>> 4th of June I fix so many >> 11th of June in that case.
>> Okay, we can fix but I will not give I'll not make it part and all. So we have just started periphery 11th of June.
Okay, I live.
No.
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