Gauhati High Court
Pabitra Hazarika vs The State Of Assam And 4 Ors on 24 January, 2023
Author: Devashis Baruah
Bench: Devashis Baruah
Page No.# 1/4
GAHC010255262022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/8063/2022
PABITRA HAZARIKA
S/O. MANIK HAZARIKA, VILL. NATUN NIRMALI GAON, P.O. C.R.
BUILDING, P.S. MILAN NAGAR, DIST. DIBRUGARH, ASSAM, PIN-786003.
VERSUS
THE STATE OF ASSAM AND 4 ORS
REP. BY THE COMMISSIONER AND SECY. TO THE GOVT. OF ASSAM,
HEALTH AND FAMILY WELFARE (A) DEPT., DISPUR, GUWAHATI, ASSAM.
2:DIRECTOR OF HEALTH SERVICES
ASSAM
HENGRABARI
GUWAHATI-36.
3:JOIN DIRECTOR OF HEALTH SERVICES DIBRUGARH
P.O. DIBRUGARH
DIST. DIBRUGARH
ASSAM
PIN-786001.
4:DISTRICT TREASURY OFFICER DIBRUGARH
P.O. DIBRUGARH
DIST. DIBRUGARH
ASSAM.
5:ACCOUNTANT
TO THE OFFICE JOINT DIRECTOR OF HEALTH SERVICES DIBRUGARH
P.O. DIBRUGARH
Page No.# 2/4
DIST. DIBRUGARH
ASSAM
PIN-786001
Advocate for the Petitioner : MR. S J SARMAH
Advocate for the Respondent : SC, HEALTH
BEFORE HON'BLE MR. JUSTICE DEVASHIS BARUAH 24.01.2023 Heard Mr. H. Bezbarua, the learned counsel for the petitioner and Mr. B. Gogoi, the learned Standing Counsel appearing on behalf of the Health Department as well as the Finance Department.
Issue notice, returnable on 22.02.2023.
As the respondents are duly represented by Mr. Mr. B. Gogoi, the learned Standing Counsel, extra copies of the writ petition be served upon him within 2 (two) days.
The instant writ petition has been filed by the petitioner being aggrieved by the inaction on the part of the respondent authorities in not releasing his salary from the month of July, 2022 till the date of filing of the writ petition.
This Court vide an order dated 16.12.2022 had directed the petitioner to produce the appointment letter No.326 dated 02.12.2005 in original before this Court. Accordingly, on 19.12.2022, the petitioner had produced the original appointment letter which was taken into custody by the Court Master and had been handed over to the Registrar (Judicial) for safe Page No.# 3/4 custody. Further to that, this Court vide the order dated 19.12.2022 had directed the Director of Health Services, Assam to either by himself or through an authorized person examine the document handed over to the Court before the Registry to form their views whether the appointment letter is a fake document or a genuinely issued document.
In pursuance to the direction dated 19.12.2022, the Director of Health Services, Assam had submitted a report dated 18.01.2023. In terms with the said report, it has been mentioned that there is no official appointment or transfer order available against the petitioner Grade-IV in the Office of the Joint the Director of Health Services, Sivasagar as well as there is no record available of the incumbent in the Acquaintance Roll/Register, salary drawn record and the NPS deduction record/statement of NPS since 2005 to 2019. Further to that, it has been mentioned that the Superintendent of Civil Hospital, Sivasagar vide the letter dated 12.08.2022 had also stated that there is no record in the Acquaintance Register, salary drawn record since 2005 and NPS deduction record/statement of NPS though the petitioner was placed at Sivasagar Civil Hospital as Grade-IV as stated in his appointment letter. It further reveals from the said communication dated 18.01.2023 that the Health Department has initiated some enquiry proceedings against the petitioner wherein the petitioner had duly participated. However, as submitted by Mr. B. Gogoi, the learned Standing Counsel appearing on behalf of the Health Department, no action has been taken on account of the pendency of the instant writ petition. The said document dated 18.01.2023 further reveals that as per the own statement made by the petitioner before the enquiry proceedings he has stated that for the period from 2005 to February, 2019, the petitioner had Page No.# 4/4 received his salary by way of cash. However, there is no record of drawing salary in cash or by way of revenue stamp by the petitioner as has been mentioned in the report dated 18.01.2023.
The report dated 18.01.2023 which has been submitted along with its enclosures are kept on record and marked with the letter "X". The petitioner is at liberty to take certified copies of the said document by following the due procedure of law.
Taking into account that there is an active enquiry proceedings going on against the petitioner as regards the authenticity of his appointment, this Court would like to take note of the stand of the Health Department before issuing any further order.
Pendency of the instant writ petition, however, shall not be a bar to the Health Department to resort to such action as is permissible under the law.
The Registrar (Judicial) shall continue to retain custody of the appointment letter No.326 dated 02.12.2005 till the next date.
List accordingly.
JUDGE Comparing Assistant