WP(C) 2875/2006 BEFORE THE HON’BLE MR. JUSTICE B.K. SHARMA JUDGMENT AND ORDER (ORAL) 1. Heard Mr. R.P. Sarma, learned Sr. Counsel, assisted by Mr. M.R. Adhikari , learned counsel for the petitioner. I have also heard Ms. R. Chakraborty, lear ned, Additional Sr. Government Advocate alongwith Ms. S. Bora, learned State Cou nsel for the respondents. 2. The petitioner, who has retired from service on 31.3.2003, on attaining the age of superannuation is aggrieved by non-payment of monthly pension. He ret ired as Executive Engineer. 3. According to the petitioner, although there is no pendency of department al proceeding and/or criminal proceeding against him, the respondents have illeg ally withheld his monthly pension. The petitioner was provided with provisional pension upto March, 2005 and thereafter the same has been stopped. Referring to Annexure-A and B documents dated 11.9.1997 and 20.1.1998 pertaining to the depar tmental proceeding and vigilance case in which, the petitioner alongwith some ot hers has been cited as witnesses, it is the case of the petitioner that he is no t involved in any criminal or departmental proceeding and that the respondents h ave illegally withheld the monthly pension on a wrong notion of the matter. The respondents have filed their counter affidavit. It is their stand that the petit ioner, during his service tenure was involved in a case relating to financial ir regularities. An FIR was lodged in ACB P.S., way back in 1995 (20.9.1995). The a llegation made was that the petitioner in association with others made certain p ayments dishonestly in violation of the rules relating to procurement of stores etc. 4. According to the affidavit, the ACB authority upon enquiry found prima f acie case against the petitioner. Prosecution sanction was also obtained in 2002 (7.9.2002) after observing the required formalities. However, the respondents h ave admitted that neither the accused persons have been charge sheeted nor the p roceeding has started. 5. As regards the issuance of charge sheet citing the petitioner as one of the witness, it is the stand of the respondents that such citing of the petition er as witness does not mean his exoneration from the charge. In this connection, they have referred to the prosecution sanction obtained in respect of the petit ioner. From the affidavit, it appears that Political (Vigilance Cell) Department requested for second prosecution sanction and thereafter it was decided to proc eed with the departmental proceeding by dropping the pending vigilance case. Nec essary approval etc. was obtained in this regard. However, the vigilance case is still stated to be pending against the petitioner. 6. The respondents have stated that in view of such pendency of the vigilan ce case, the petitioner was provided with monthly pension upto March, 2005 by ob taining necessary sanction. Thereafter sanction has not been accorded and the ju dicial department has requested for early finalization of the criminal case. It is under such circumstances, the petitioner has not been provided his provisiona l pension after March, 2005. 7. Rule 22 of the Assam Services (Pension) Rules, 1969 provides for payment of provisional pension in the event of pendency of departmental and/or judicial proceeding. In the instant case, although prosecution sanction has been obtaine d, but as per the own stand of the respondents, there is no progress in the vigi lance case. In fact, request was made to drop the said proceeding and thereafter to initiate departmental proceeding. In action on the part of the respondents, cannot lead to suffering of the petitioner. The petitioner retired from service nearly 5 years before i.e. March, 2003. The provisional pension has also been st opped from March, 2005. 8. In view of the above, I dispose of the writ petition directing the respo ndent to make payment of monthly provisional pension without any interruption. T hey will also take a decision in the matter as to whether the vigilance case and /or departmental proceeding should be proceeded with any further. Such decision shall be taken as expeditiously as possible. The petitioner shall be paid both a rrear and current monthly provisional pension by 31.5.2008. 9. Writ petition is disposed of. There shall be no order as to costs.