Page No.# 1/5 GAHC010011562022 2025:GAU-AS:14242 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/515/2022 BENUDHAR BORAH S/O LATE JIURAM BORAH, R/O INDRAPRASTHA NAGAR, KATAKI PUKHURI, P.O.-RRL, P.S.-PULIBOR, PIN-785006, DIST-JORHAT, ASSAM VERSUS THE STATE OF ASSAM AND 3 ORS. REPRESENTED BY ITS COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, HIGHER EDUCATION, DISPUR, GUWAHATI-6 2:THE DIRECTOR OF HIGHER EDUCATION ASSAM KAHILIPARA GUWAHATI-19 3:THE PRINCIPAL CHANDRA KAMAL BEZBORUAH COLLEGE TEOK P.O.-TEOK P.S. - TEOK DIST- JORHAT ASSAM PIN-785112 4:THE ACCOUNTANT GENERAL (A AND E) ASSAM MAIDAMGAON BELTOLA GUWAHATI-2 Advocate for the Petitioner : MS M BORAH, MR. B B BORAH,MS. S BURAGOHAIN Page No.# 2/5 Advocate for the Respondent : SC, HIGHER EDU, MR. K GOGOI, SC, HIGHER EDU. DEPTT.,MR A C BORBORA (R-3),MR. M SMITH (R-3),MR. N BORPATRAGOHAIN (R-3),MRS. R BORBORA (R-3),SC, AG Linked Case : WP(C)/7355/2021 PRESIDENT GOVERNING BODY CHANDRA KAMAL BEZBARUAH COLLEGE AND ANR TEOK REPRESENTED BY DR. DEEPAK KUMAR SARMA P.O.-JOGDUAR TEOK DIST-JORHAT-785112 ASSAM 2: PRINCIPAL AND SECRETARY CHANDRA KAMAL BEZBARUAH COLLEGE TEOK REPRESENTED BY DR. BIJOY KRISHNA PACHANI P.O.-JOGDUAR TEOK DIST-JORHAT-785112 ASSAM VERSUS THE STATE OF ASSAM AND 4 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM HIGHER EDUCATION DEPARTMENT DISPUR GUWHATI-781006 2:THE DIRECTOR OF HIGHER EDUCATION ASSAM KAHILIPARA GUWAHATI-781019 3:DEPUTY COMMISSIONER JORHAT DISTRICT DEVELOPMENT BRANCH ASSAM 4:ADDITIONAL DEPUTY COMMISSIONER (EDN) JORHAT DISTRICT Page No.# 3/5 DEVELOPMENT BRANCH ASSAM 5:BENUDHAR BORAH INDRAPRASTHA NAGAR KHARAGARUWA ALI KATAKI PUKHURI P.O.-RRL PIN-785006 DIST-JORHAT ASSAM ------------ Advocate for : MR A C BORBORA Advocate for : SC HIGHER EDU appearing for THE STATE OF ASSAM AND 4 ORS BEFORE HONOURABLE MR. JUSTICE NELSON SAILO ORDER Date : 27.10.2025 Heard Ms. M. Borah, learned counsel for the petitioner in WP(C)/515/2022 and Mr. S. Hussain, learned counsel for the petitioner in WP(C)/7355/2021. Also heard Mr. R. K. Talukdar, learned Standing Counsel, Accountant General, Assam, Mr. M. Smith, learned counsel for the respondent No.3 in WP(C)/515/2022 and Ms. K. Phukan, learned Govt. Advocate for the State respondents in both the writ petitions. [2.] The earlier writ petition is filed by the petitioner seeking payment of his pensionary benefits since he has retired from the post of Lecturer in Commerce from CKB College, Teok, Jorhat which has been withheld on account of there being a Criminal Case filed against him. The learned counsel for the petitioner submits that the Criminal Case which was registered as Teok PS Case No.795/2021 under Section 468/471/409/34 IPC has been disposed of vide Page No.# 4/5 order dated 17.07.2025, with a finding that no case for criminal prosecution was made against the petitioner. The application for further investigation was also rejected. The learned counsel therefore submits that in view of the disposal of the Criminal Case, respondents may be directed to pay the regular pension of the petitioner as per his entitlement. In this connection, the learned counsel refers to Annexure-1 of the additional affidavit filed by the petitioner on 01.08.2025. [3.] Mr. S. Hussain, learned counsel submits that the Governing Body of Chandra Kamal Bezbaruah College had filed the writ petition challenging the direction given by the District Commissioner, Jorhat who gave direction to the Governing Body to grant the petitioner his pension. According to the petitioner, the District Commissioner has no jurisdiction to give such a direction since the CKB College is an Educational Institution. He therefore submits that the order of the District Commissioner should be set aside. [4.] Mr. S. Bhuyan, learned Standing Counsel, Higher Education Department submits that in fact the petitioner has already been given provisional pension by the respondent authorities and it was solely on account of the pending criminal case that finalisation of the pension of the petitioner could not be done. [5.] Upon hearing the learned counsel for the parties and having regard to the fact that the criminal complaint filed against the petitioner has been closed in his favour and there seems to be no impediment in directing the respondent authorities to grant the petitioner his pensionary dues. It is ordered accordingly. [6.] The respondent college authorities shall forward all the necessary pension papers and documents of the petitioner to the Accountant General, Assam so that the latter can work and finalize the pensionary dues of the petitioner. Such Page No.# 5/5 an exercise be done and completed within a period of 8(eight) weeks from the date of receipt of a certified copy of the order. [7.] With the above observations and directions, both the writ petitions are accordingly disposed of. JUDGE Comparing Assistant