Gauhati High Court
The Branch Head Nsic vs Abhijit Baruah on 11 May, 2026
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GAHC010077042026
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/2427/2026
THE BRANCH HEAD NSIC
(SR. BRANCH MANAGER),
NATIONAL SMALL INDUSTRIES CORPORATION, NORTH EAST ,
BAMUNIMAIDAM, 3RD BYE LANE, BAMUNIMAIDAM, INDUSTRIAL
ESTATE, GUWAHATI, PIN-781021, ASSAM
2: THE CHAIRMAN CUM MANAGING DIRECTOR
NATIONAL SMALL INDUSTRIES CORPORATION
NSIC BHAVAN
OKHLA INDUSTRIAL ESTATE
NEW DELHI
PIN-110020
3: THE CHIEF GENERAL MANAGER (HR)
NATIONAL SMALL INDUSTRIES CORPORATION
NSIC BHAVAN
OKHLA INDUSTRIAL ESTATE
NEW DELHI
PIN-110020
4: THE ZONAL HEAD (WEST)
NATIONAL SMALL INDUSTRIES CORPORATION LTD.
ZONAL OFFICE
OFFICE NO-505
5TH FLOOR
MITTAL COMMERCIAL BUILDING
WING -B
VILLAGE MAROLOFF M.F ROAD
ANDHERI (E)
MUMBAI- PIN-400059
5: THE ZONAL GENERAL MANAGER
NATIONAL SMALL INDUSTRIES CORPORATION
NORTH EAST
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BAMUNIMAIDAM
3RD BYE LANE
BAMUNIMAIDAM
INDUSTRIAL ESTATE
GUWAHATI
PIN-781021
ASSAM
6: THE SR. BRANCH MANAGER
NATIONAL SMALL INDUSTRIES CORPORATION LTD.
3RD FLOOR
JAHANARA KARIM COMPLEX
BALANAGAR
HYDERABAD
PIN-50003
VERSUS
ABHIJIT BARUAH
S/O- LATE SUBODH CHANDRA BARUAH, R/O- AKASH HOUSING SOCIETY,
5TH FLOOR, A- BLOCK, MALIGAON, NEAR OVER BRIDGE, GUWAHATI,
KAMRUP (M), PIN-781012 ,ASSAM
2:THE UNION OF INDIA
REP. BY THE SECRETARY
MINISTRY OF MICRO
SMALL AND MEDIUM ENTERPRISES
GOVT. OF INDIA
UDYOG BHAWAN
RAFI MARG
NEW DELHI-0
For the petitioner/appellant(s) : Mr. G. Sarma, Advocate
Mr. S. Deka, Advocate
For the Respondent(s) :
-B E F O R E -
HON'BLE THE CHIEF JUSTICE MR. ASHUTOSH KUMAR HON'BLE MR. JUSTICE ARUN DEV CHOUDHURY 11.05.2026 (Ashutosh Kumar, CJ) We have heard Mr. G. Sarma, learned Advocate for the petitioner, who has questioned the order dated 21.01.2026, passed by the Central Page No.# 3/4 Administrative Tribunal, Guwahati Bench (hereinafter referred as "Tribunal") in O.A. No. 66/2023, directing the petitioner/National Small Industries Corporation Ltd. (NSIC), a National Public Sector Enterprise, to release the Performance Related Pay (PRP) to the respondent, within three months.
The records reveal that the respondent/Abhijit Baruah, who was an employee of the NSIC, faced a departmental inquiry in which he was saddled with a major penalty of reduction of pay by 5 (five) stages for three years, which punishment was upheld by the appellate authority concerned.
Almost simultaneously, a CBI inquiry was also conducted against the respondent and others, pursuant to which an FIR was registered. In the meantime, the respondent superannuated in the year 2022. After his retirement, the respondent was paid his terminal/retiral benefits like pension, gratuity, leave encashment, composite transfer grant, etc. However, some part of the PRP for the relevant years, i.e. from 2016-2017 onwards was withheld because of the lack of vigilance clearance, pendency of disciplinary proceedings and imposition of major penalty as also the subsequent CBI prosecution.
In order to get the PRP for the period indicated above, the respondent preferred O.A. No. 66/2023 before the Tribunal, wherein the Tribunal passed an order directing for release of the PRP to the respondent, without giving due regard to the several Annual Circulars issued by the Corporation clearly stipulating that PRP shall not be admissible to employees, which would include the retired employees as well, against whom disciplinary proceedings are pending or concluded with penalty; vigilance clearance is not available; or major/minor penalty has been imposed, or is running in currency.
Page No.# 4/4 Issue notice to the respondent on the steps being taken by the petitioner within a period of two weeks from today, by speed post as well as by usual process, returnable on 03.08.2026.
Till such time, the impugned order passed by the Tribunal shall remain in abeyance.
JUDGE CHIEF JUSTICE Comparing Assistant