AJOY KR. DAS Vs. STATE OF TRIPURA

JUDGEMENT

(1.) The petitioner has challenged an order dated 08.09.2005 passed by the disciplinary authority by which the petitioner was dismissed from service pursuant to a departmental inquiry conducted by the said authority.

(2.) Brief facts are as under:

(3.) During the pendency of the departmental inquiry, a criminal case was also launched against the petitioner. The petitioner had urged the Inquiry Officer and the disciplinary authority that the inquiry be kept in abeyance till the criminal case is completed since the charges and the departmental inquiry as well as the criminal case were identical. The said authorities did not accept the request and the departmental inquiry continued despite the pendency of the criminal case against the petitioner. The Inquiry Officer submitted his report holding that the charges levelled against the petitioner were established. The disciplinary authority invited the petitioner's representation and thereupon passed the impugned order of punishment dated 08.09.2005. He assessed the evidence on record and came to the conclusion that the charges against the petitioner were proved. He noted that during the course of the inquiry it had come on record that an appointment letter was also given to Shri Pradip Deb on which the signature of the appointing authority was forged. He also noted that a criminal case was registered against the petitioner. He was arrested by Kachucherra police. However, on 09.08.2004 while he was being shifted from one place to another, the petitioner escaped from the police custody and remained untraced for a long time. Considering the seriousness of the charges, he imposed the punishment of dismissal from service. Against the said order the petitioner preferred departmental appeal which was dismissed on 27.06.2009. The petitioner, thereafter, preferred a revision petition. The revision petition was dismissed on 01.01.2015. Thereupon, this petition has been filed.