Page No.# 1/5 GAHC010008202023 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/378/2023 PRAKASH KALITA S/O- LATE NABIN KALITA, VILL- ARANGOMOW, P.O- ARANGAMOW, P.S- KAMARKUCHI, DIST- NALBARI, ASSAM, PIN-781350 VERSUS THE STATE OF ASSAM AND 7 ORS REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, DISPUR, GUWAHATI-781006 2:THE DIRECTOR ASSAM POLICE CID HEADQUARTER BORTHAKUR MILL ROAD SOUTH SARANIA ULUBARI GHY-07 3:THE ADDL. DIRECTOR GENERAL OF POLICE CID DR. B.K KAKOTI ROAD SOUTH SARANIA ULUBARI GHY-07 4:DEPUTY INSPECTOR GENERAL OF POLICE CID ULUBARI GHY-07 Page No.# 2/5 5:SENIOR SUPERINTENDENT OF POLICE CID ULUBARI GHY-07 DIST- KAMRUP (M) ASSAM 6:THE GAUHATI UNIVERSITY JALUKBARI GUWAHATI-781014 DIST- KAMRUP (M) ASSAM 7:THE REGISTRAR GAUHATI UNIVERSITY JALUKBARI GUWAHATI-781014 DIST- KAMRUP (M) ASSAM 8:THE CONTROLLER OF EXAMINATIONS GAUHATI UNIVERSITY JALUKBARI GUWAHATI-781014 DIST- KAMRUP (M) ASSA Advocate for the Petitioner : MR. R C SAIKIA, MS. N DEY,MS. K SAIKIA Advocate for the Respondent : GA, ASSAM, SC, G U BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR ORDER Date : Date: 16.07.2025 Heard Mr. R. C. Saikia, learned Senior Counsel assisted by Ms. M. Sharma, learned counsel for the petitioner. Also heard Mr. J. K. Goswami, learned Addl. Senior Government Advocate, representing the respondent nos. 1 to 5 and Mr. P. J. Phukan, learned Standing Counsel, Gauhati University, representing the respondent nos. 6 to 8. 2. The petitioner, by way of instituting the present proceeding has raised a grievance Page No.# 3/5 with regard to the inaction on the part of the respondent authorities in not releasing the amount due to him, under the head “Gratuity” pursuant to his superannuation from the services of the Gauhati University, on 31.12.2008. 3. The materials brought on record reveals that the petitioner raising similar grievance had approached this Court earlier by way of filing a writ petition being WP(C) No. 5456/2012. A Co-ordinate Bench of this Court vide order dated 07.01.2013, had disposed of the said writ petition with the following observations and directions: - “Having regard to the aforesaid submissions advanced, the writ petition is disposed of directing the respondent Nos. 1 and 2 to pay the subsistence allowance, if any, payable to the petitioner during the period of suspension, having regard to the revision of pay during the period of suspension. The said respondents shall also pay the leave encashment benefit, if any, payable to the petitioner. Such payment shall be made within 45(forty-five) days from today. Relating to the payment of gratuity, the University Authority shall consider payment of such amount as soon as the criminal proceeding is over.” 4. Mr. J. K. Goswami, learned Addl. Senior Government Advocate, on instructions, has submitted that on conclusion of the investigation in the criminal proceeding initiated against the petitioner herein, no incriminating material was found against him and accordingly, in the charge-sheet so filed, his name was not so included as an accused person. 5. Mr. P. J. Phukan, learned Standing Counsel representing the respondents submits that the other pensionary benefits of the petitioner were released to him, however, in view of the directions passed by this Court that the gratuity amount would be so payable only after conclusion of the criminal proceeding initiated against the petitioner, the University authorities were not in a position to release the same. It was further submitted that the petitioner at no point of time had apprised the authorities of the Gauhati University that the criminal proceedings instituted against him stood terminated. 6. The submissions made by Mr. J. K. Goswami, learned Addl. Senior Government Advocate, would go to reveal that the criminal proceeding instituted against the petitioner Page No.# 4/5 stood terminated qua the petitioner, at least w.e.f. 14.05.2008, when the charge-sheet in the matter was so filed before the Trial Court by the Investigating Agency and the name of the petitioner was not included therein, as an accused person. 7. This Court, vide order dated 07.01.2013 in WP(C) No. 5456/2012 having directed that the payment of gratuity to the petitioner shall be so considered by the University authorities, as soon as, the criminal proceeding is over, the criminal proceeding instituted against the petitioner having stood terminated qua the petitioner, he is now required to be released his gratuity amount. 8. It is to be noted herein that the entitlement of the petitioner to receive the gratuity amount was never in dispute, however, the same was withheld by the University authorities only on account of the pendency of the criminal proceeding instituted against him. 9. In view of the above discussion, this Court is of the considered view that the petitioner is entitled to his gratuity amount on the criminal proceeding instituted against him having stood terminated, accordingly, the respondent authorities are directed to release to the petitioner, his due gratuity amount within a period of 1(one) month from the date of receipt of certified copy of this order. 10. Mr. R. C. Saikia, learned counsel for the petitioner has submitted that the petitioner, in view of the delay occasioning in release to him, his gratuity amount, would be entitled to an interest thereon. However, Mr. Saikia has failed to address this Court as to the directions passed by the Co-ordinate Bench of this Court, vide the order dated 07.01.2013 in WP(C) No. 5456/2012 and further, as regards the steps taken by the petitioner to apprise the Gauhati University authorities about the termination of the criminal proceedings initiated against him, in view of the fact that he was not arrayed as an accused in the charge-sheet filed by the Investigating Agency. Accordingly, no liability to pay interest upon the gratuity amount receivable by the petitioner can be saddled upon the authorities of the University. Page No.# 5/5 11. In view of the above position, this Court is of the considered view that the petitioner is not entitled to any interest amount, however, in terms of the directions passed herein above, the petitioner shall be released his due gratuity amount within the time frame so mandated by this Court, herein above. 12. With the above observations and directions, the present contempt petition stands disposed of. JUDGE Comparing Assistant