WP(C) 2608/2009 BEFORE HON’BLE MR. JUSTICE H.N.SARMA Heard learned counsels for the petitioner. Also heard Mr. M. Kataniar, learned s tanding counsel, Education Department. The pleaded case of the petitioner inter alia is that while he was serving as UD Assistant in the office of the District Elementary Education, Dibrugarh, he was suspended for alleged misappropriation of government money. On the basis of an FIR lodged to that effect before the O/C, Dibrugarh Police Station on 6.11.2006 , wherein Dibrugarh Police Station Case No. 562/2006 under Sections 420/408 IPC was registered. The petitioner was arrested and detained in custody for more tha n 48 hours. Consequently vide order dated 12.12.2006, the petitioner was placed under suspension. Thereafter revoking the order of suspension the petitioner was reinstated in service by the Director of Elementary Education and his date of s uperannuation was 30.6.2007. In the meantime, vide order dated 18.8.07, the Director of Elementary Education, Assam, framed specific charge of misappropriation against the petitioner. Char ge-sheet along with the statements of allegations, list of witnesses and documen ts were served upon the petitioner. With reference to the aforesaid charge-sheet, the petitioner subm itted his reply on 8.9.07 but the authority has not yet taken any step for dispo sal of the aforesaid disciplinary proceeding. In the meantime, the petitioner having been superannuated and du e to pendency of the aforesaid proceeding and the criminal case, he has not been paid his retrial benefits including pensionary benefits. It is contended that t he provisional pension at the rate of 3550/- p.m.( Rupees three thousand five hu ndred fifty five) only plus other allowances was paid to the petitioner during t he financial year 2008 to 2009. The grievance of the petitioner is that since t he disciplinary proceeding has not yet been disposed of, the same is liable to b e quashed and direction may be issued to pay the pensionary benefits and during the pendency of this petition, the provisional pension may be directed to be pai d. The allegation made against the petitioner in the charge-sheet is gr ave and specific. It relates to misappropriation of huge amount of government mo ney amounting to Rs. 92,76,155/- (Rupees ninety two lakhs seventy six thou sand one hundred and fifty five). That apart, non-maintenance of proper cash-boo k and other allegations are also there against the petitioner leading to framing of charge of gross negligence of duties and misappropriation of government mone y. It is contended by Mr. Kataniar, learned standing counsel, Education De partment that the criminal case registered as Dibrugarh Police Station Case No. 562/2006(G.R. Case No. 1884/2006 has also not yet been disposed of. In facts of the aforesaid facts situation, this writ petition is dispo sed of with the direction that the respondent authorities, more particularly, th e Director of Elementary Education, shall take appropriate step for early dispos al of the disciplinary proceeding initiated against the petitioner. It is further directed that pending finalization of the disciplinary p roceeding, the provisional pension directed to be paid to the petitioner vide or der dated 2.7.2008 shall be continued to be paid. It is further directed that the petitioner shall extend his full co-op eration for proper disposal of the disciplinary proceeding at an early date. With the aforesaid observations and directions, this writ petition stands disp osed of.