Page No.# 1/4 GAHC010194672022 2025:GAU-AS:1176 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/6407/2022 DILIP KUMAR NATH S/O- LT. RATI CHARAN NATH, R/O- VILL- DHULAPARA, P.O. LAKSHIGANJ, P.S. BILASHIPARA, DIST.- DHUBRI, ASSAM VERSUS THE STATE OF ASSAM AND 7 ORS REP. BY COMM. AND SECY. TO THE GOVT. OF ASSAM, HOME AND POLITICAL DEPTT., DISPUR, GHY-6, ASSAM 2:DIRECTOR GENERAL OF POLICE ASSAM ASSAM POLICE HEADQUARTER ULUBARI GHY-3 3:ADDL. DIRECTOR GENERAL OF POLICE (TAP) ASSAM ASSAM POLICE HEADQUARTER ULUBARI GHY-3 4:THE SUPERINTENDENT OF POLICE KOKRAJHAR DIST.- KOKRAJHAR ASSAM PIN- 783370 5:THE SUPERINTENDENT OF POLICE SONITPUR TEZPUR DIST.- SONITPUR Page No.# 2/4 ASSAM PIN- 784001 6:OFFICER-IN-CHARGE TEZPUR P.S. SONITPUR ASSAM PIN- 784001 7:THE ACCOUNTANT GENERAL (A AND E) ASSAM MAIDAMGAON BELTOLA GHY-29 8:RESERVE OFFICER KOKRAJHAR POLICE RESERVE KOKRAJHAR ASSAM PIL- 78337 Advocate for the Petitioner : MR. P P DUTTA, MS P SARMA Advocate for the Respondent : SR. GA, ASSAM, SC, AG BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY ORDER Date : 05.02.2025 Heard Mr. P P Dutta, learned counsel for the petitioner. Also heard Mr. R Dhar, learned Additional Senior Government Advocate, Assam for respondent Nos.1 to 6 and Mr. R.K. Talukdar, learned standing counsel, Accountant General appearing for the respondent No.7. The petitioner had retired as Constable on 31.12.2021 and it is his grievance that he has not been granted the regular pension Page No.# 3/4 though provisional pension has been granted, for his implication as accused in Tezpur PS case No.1174/2011 registered under sections 120(B)/121/121(A)/384 IPC & read with section 25(1-A) Arms Act & read with section 10/13 UA(P) Act. When the matter was listed on 18.12.2024, it was the contention of Mr. Dutta, that no charge sheet under section 173(2) Cr.P.C has been submitted in connection with Tezpur PS Case No.1174/2011 till date and it was further contended that in view of the provisions contained in Rule 21 of the Assam Services (Pension Rules), 1969, a judicial proceeding, particularly a criminal proceeding can be stated to be pending, only if in the criminal proceeding a charge sheet under section 173(2) Cr.P.C is submitted. In view of the aforesaid submission, this court sought instructions from the State respondents whether any charge sheet has been filed in this case. Accordingly Mr. Dhar learned Addl. Senior Government Advocate on instructions from Superintendent of Police, Sonitpur, Tezpur submits that the aforesaid Tezpur PS case No.1174/2011 registered under sections 120(B)/121/121(A)/384 IPC & read with section 25(1-A) Arms Act & read with section 10/13 UA(P) Act was reinvestigated into and after completion of investigation, closure report vide FR No.290/24 dated 31.12.2024 was submitted. In view of the aforesaid, it is clear that the petitioner cannot be deprived of his regular pension in terms of Rule 21 of the Assam Services (Pension) Rules, 1969, more particularly for the reason of filing of closure report. Page No.# 4/4 Accordingly the present writ petition stands closed with a direction to the respondent No.4, Superintendent of Police, Kokrajhar to initiate the process of payment of regular pension to the petitioner as per law. A copy of the communication dated 08.01.2025 addressed to Mr. R Dhar, learned Addl. Senior Government Advocate by the Superintendent of Police, Sonitpur, Tezpur is kept on record and marked as document ‘X’. The writ petition stands disposed of. JUDGE Comparing Assistant