Page No.# 1/6 GAHC010108452021 2025:GAU-AS:1175 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/4633/2021 MOHSEN ALI S/O- LT. MOULAVI AMANULLAH, R/O- VILL- SALIKAJHAR, P.O. BURHA, DIST.- DARRANG, ASSAM, PIN- 784148 VERSUS THE STATE OF ASSAM AND 5 ORS REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM, IRRIGATION DEPTT., DISPUR, GHY-6 2:THE CHIEF ENGINEER IRRIGATION ASSAM CHANDMARI GHY-3 3:THE ADDL. CHIEF ENGINEER (ELECT.) IRRIGATION CHANDMARI ASSAM GHY-3 4:THE SUPERINTENDING ENGINEER (IRRIGATION) ELECTICAL CIRCLE CHANDMARI GHY-3 5:THE EXECUTIVE ENGINEER GUWAHATI ELECTRICAL DIVISION (IRRIGATION) CHANDMARI GHY-3 Page No.# 2/6 6:THE ASSTT. EXECUTIVE ENGINEER GUWAHATI ELECTRICAL SUB-DIVISION (IRRIGATION) ULUBARI GHY- Advocate for the Petitioner : DR. B AHMED, MR. A K AZAD,MR K UDDIN Advocate for the Respondent : SC, IRRIGATION, BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY ORDER Date : 05.02.2025 1. Heard Mr. K Uddin, learned counsel for the petitioner and Mr. N Upadhyay, learned standing counsel, Irrigation Department appearing on behalf of all the respondents. 2. By the present writ petition, amongst others, the petitioner has challenged a Special Note dated 28.07.2015 (Annexure-13 to the Writ Petition), passed by Additional Chief Engineer (Elect.), Irrigation, Assam, Guwahati – 3. 3. The aforesaid Special Note was issued in response to a communication dated 30.06.2015 (Annexure – 12 to the writ petition) by the Executive Engineer, Guwahati Electrical Division (Irrigation), Chandmari, Guwahati-03. The communication dated 30.06.2015 on the basis of which the impugned Special Note was passed is quoted herein below: GOVT. OF ASSAM OFFICE OF THE EXECUTIVE ENGINEER: GUWAHATI ELECTRICAL DIVISION (IRRIGATION) CHANDMARI :: GUWAHATI – 03 No.IEDG/E/PF/21/81-82/ 190 DATED Guwahati the Page No.# 3/6 30.06.2015 To The Addl. Chief Engineer (Elect) Irrigation Deptt. Assam, Chandmari. Guwahati – 3. Sub : Regarding the crossing of Efficiency Bar in respect of Md. Mohsen Ali, Office Peon. Sir, With reference to above, I have the honour to inform you that during the period of your incumbency w.e.f. 11.4.2002 to 19.05.2004 as the Asstt. Executive Engineer, Guwahati Electrical Store Sub-Division (Irrign), Guwahati, Md. Mohsen Ali was working under your administrative control as office peon regularly and accordingly monthwise duty report in case of Md. Mohsen Ali, Office Peon had also been received by this office during the said period of your incumbency. But now due to non receipt of the confidential report (i.e., special report as well as integrity report) in respect of him for the period w.e.f 1-9- 2002 to 31-8-2003 from your end, the undersigned has to face a lot of inconvenience not only to get his pay band fixed as per R.O.P rules on the revised scale of pay but also in updating h is consecutive annual increments without being cross the Efficiency bar at the stage of pay @ Rs.2770/- in the scale of pay of Rs.2450-40-2770-EB-60-3490-90-3670/- PM. Under the above circumstances I would request your honour kindly to look into the matter sympathetically toward issuing confidential report for the period as mentioned above, otherwise the incumbent will be deprived of different service benefits including pensional benefits. Your’s an early action in this regard is highly solicited. Yours faithfully, (SATYEN BORBORA) Page No.# 4/6 Executive Engineer, Guwahati Electrical Division (Irrigation) Chandmari, Guwahati – 03. 4. What is discernible from the aforesaid office note is that the petitioner who was appointed and posted as Office Peon in the Office of the Assistant Executive Engineer, Guwahati Electrical Store Sub Division was earlier working under Administrative control of the office of Additional Chief Engineer, Electrical, however, for want of receipt of confidential report w.e.f. 01.09.2002 to 31.08.2003 from the Additional Chief Engineer, Electrical Irrigation Department, the Executive Engineer could not fix the pay band of the petitioner as per the ROP Rules on revised scale and also could not update consecutive annual increments after crossing the efficiency bar. 5. On receipt of the aforesaid communication the Additional Chief Engineer passed the impugned order and termed it as a “Special Note”. In the Special Note the Additional Chief Engineer opined that there is a repeated breach of trust on government duty by the petitioner which is beyond tolerable and therefore, the character and antecedent of the employee concerned is totally unsatisfactory. Such conclusion is arrived at taking note of the following consideration, I. Firstly, that a bank loan amounting to Rs.1,00,000/- was due against the petitioner and he has not repaid the loan. II. Secondly, that the Managing Director of Assam Minority Development Finance Corporation Limited had complained that he has not returned a loan amounting to Rs.21,250/-. III. The third ground was that the petitioner was earlier imposed penalty in a departmental proceeding on 31.07.2000. Page No.# 5/6 6. In the considered opinion of this court, such course of action is not permissible for more than one reason, firstly, the confidential report was required for the period w.e.f 01.09.2002 to 31.08.2003 and the penalty was imposed prior to that period i.e., on 31.07.2000. 7. The other grounds i.e., non repayment of loan are relatable to the year 2010. Above that, such conduct of the petitioner is not linked with the official duty of the petitioner, inasmuch as, the allegation is that the petitioner had taken loan from Bank and did not return it. Therefore, such consideration by stretch of no imagination can be a ground to term him as “an employee who had done repeated breach of trust”. Further the petitioner cannot be condemned in that manner without there being any proceeding as prescribed under Assam Services (Discipline and Appeal) Rules, 1964. 8. Accordingly the impugned Special Note dated 28.07.2015 of the Addl. Chief Engineer (Elect.) Irrigation, Assam Guwahati-3 stands set aside and quashed. The respondents are directed to do the needful in terms of the communication dated 30.06.2015 of the Executive Engineer, Guwahati Electrical Division (Irrigation) Chandmari, Guwahati- 03 and consider his claim for fixation of his scale of pay as well as other benefits after crossing of efficiency bar. 9. Such exercise be carried out within a period of 3 months from the date of receipt of a certified copy of this order. 10. With the aforesaid terms, the writ petition stands allowed. JUDGE Page No.# 6/6 Comparing Assistant