WP(C) 5671/2011 BEFORE THE HON’BLE MR. JUSTICE UB SAHA The instant writ petition is filed by the petitioner for a direction to the resp ondents to issue the clearance certificate in favour of him so that he can get t he pensionary benefits as he is entitled to and also for a direction to dispose of the representation dated 14.07.2011 and 01.08.2011, Annexsure-1 and Annexure- 9 to the writ petition respectively, submitted before the respondent authorities . Heard Mr. PK Deka, learned counsel for the petitioner as well as Ms VL Singh, learned Addl. Sr. Govt. Advocate, Assam for the State. As agreed to by the learned counsel for the parties, the instant writ petition is taken up for final disposal at this stage. Brief facts of the case is as follows:- The petitioner, Sri. Ali Akbar Khan joined as the Secretary of S ukchar Samabai Samiti Ltd., Hatsingimari, Dhubri on 2702.1976 and while he was w orking in the capacity of Secretary, he took leave for a short period, i.e. from 21.02.2002 to 06.03.2002 and during his leave the Assistant Secretary of the af oresaid Samity was entrusted to look after the affairs of the society in his pla ce vide Managing Committee’s Resolution No. 5 dated 19.02.2002 (Annexure-2 to th e writ petition) and the said Assistant Secretary while discharging his function s misappropriated a sum of Rs. 1,53,445.75/- along with the salesman of the Soci ety. After joining in his duties, the petitioner reported the matter to the Char iman, who in turn called for an urgent meeting and accordingly the Managing Comm ittee vide its Resolution No. 4 dated 12.03.2002 (Annexure-4 to the writ petitio n) resolved to entrust the petitioner to lodge an FIR against the accused person . In terms of the resolution of the Managing Committee, the petitioner lodged an FIR on 13.03.2002 (Annexure- 5 to the writ petition). On 14.08.2003 the petitioner finally handed over the charge of the said society and joined as a Junior Inspector, Co-operative Society, North Salmara, Abhayapuri and served there till 10.11.2008. While he was working in th e co-operative society, North Salmara the Chairman of the Sukchar Samabai Samiti Limited wrongly issued a letter dated 12.12.2008 (Annexure-6 to the writ petiti on) for refunding the money misappropriated by the Assistant Secretary and sales man of the said society. Upon receipt of the aforesaid letter dated 1212.2008 the petitio ner clarified the same vide his representation dated 10.03.2009 (Annexure-7 to t he writ petition) and thereafter the authority did not proceed against the petit ioner. The petitioner went on retirement on 28.02.2011 as such he requi res the clearance certificate for getting his pension. In this regard, the petit ioner has made a representation on 14.07.2011 before the respondent No. 2, but t he respondent No.2 did not issue any clearance certificate in favour of him. Aga in on 01.08.2011 the petitioner made another representation but the respondents did not pay any heed to the same also. Hence, the instant writ petition. As agreed to by the learned counsel for the parties, the instant writ petition is disposed of with a simple direction to the respondent No. 2 to examine the representation of the petitioner dated 14.07.2011 and 01.08.2011 (A nnexure-1 and Annexure-9 to the writ petition respectively) and pass necessary a nd appropriate orders in accordance with law, within a period of one month from the date of receipt of this order. Liberty is granted to the petitioner so that if he is aggrieved by the order of the respondent No. 2, he can approach the appropriate forum by f iling the appropriate application. With the above, the instant writ petition is disposed of.