Page No.# 1/3 GAHC010074892025 2025:GAU-AS:5360-DB THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2029/2025 THE UNION OF INDIA REPRESENTED BY THE SECRETARY, MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS (DEPARTMENT OF PERSONNEL AND TRAINING), DOPT, GOVERNMENT OF INDIA, NORTH BLOCK, NEW DELHI-110001 VERSUS ARINDAM SOM, IAS (RETD.) S/O LATE S.B. SOM, R/O FLAT-C (TOP FLOOR), RODALEE APARTMENTS HATIGARH CHARIALI, ZOO NARENGI ROAD, GUWAHATI-781024 For the Petitioner(s) : Mr. S.K. Medhi, Central Govt. Counsel. For the Respondent(s) : – B E F O R E – HON’BLE THE CHIEF JUSTICE MR. VIJAY BISHNOI HON’BLE MR. JUSTICE N. UNNI KRISHNAN NAIR 02.05.2025 (U.K. Nair, J.) Heard Mr. S.K. Medhi, learned counsel for the petitioner. The Union of India, as writ petitioner, has instituted the present proceeding presenting a challenge to an order dated 08.04.2024 passed by the Central Administrative Tribunal, Guwahati Bench, Guwahati in Original Application No.287/2018 instituted before it by the respondent herein. Page No.# 2/3 The respondent was a Member of the Indian Administrative Service and belongs to the Meghalaya Segment of the Assam-Meghalaya Cadre. The petitioner, basing on allegations existing against the sole respondent during the period of service rendered by him in the Food Corporation of India (FCI) at Guwahati, had instituted a departmental proceeding against him in the year 2011. Memorandum of charge was issued to the sole respondent by the petitioner herein while he was serving as an IAS Officer at Meghalaya. On conclusion of the departmental proceedings instituted against the sole respondent herein, a penalty of withholding of 30% of his monthly pension for the period of 2(two) years was so imposed upon him. Being aggrieved, the respondent had approached the Central Administrative Tribunal, Guwahati Bench, Guwahati by way of instituting an Original Application being O.A. No.287/2018. The Tribunal, upon consideration of the matter, was pleased to allow the said Original Application, vide order dated 08.04.2024, by interfering with the penalty so imposed upon the sole respondent. The learned Tribunal, for the purpose of arriving at its conclusion, had noticed the fact that the respondent, who had worked with the Food Corporation of India at Guwahati with effect from 2002 to 2004, was later attached to the Food Corporation of India Head Office at New Delhi in August, 2005 and thereafter, in the month of March, 2006, he was repatriated to his parent cadre, i.e. the Meghalaya Segment of the IAS Assam-Meghalaya Cadre and was posted at Shillong. In the above view of the matter that the respondent was serving at Shillong and the departmental proceeding involved was so instituted against him while he was serving at Shillong, we are of the considered view that the present proceeding would not be maintainable before this Court. Accordingly, we Page No.# 3/3 proceed to dismiss the present writ petition. However, liberty is reserved to the petitioner to approach the appropriate Court seeking redressal of its grievance as raised in the present writ proceedings. JUDGE CHIEF JUSTICE Comparing Assistant