RETTICK BAKSHI Vs. STATE OF TRIPURA

JUDGEMENT

(1.) The petitioner was serving as the Havildar (Medical) in Adm-Coy, 7th Battalion TSR (IR-VI). Consequently, he was charged of dereliction of duty and was served with the memorandum under No.DP-02/2019/TSR-7/Estt/2019 dated 31.07.2019, hereinafter referred to as the Charge Memo. By the said memorandum dated 31.07.2019, the petitioner had been charged in the following terms:

(2.) Prior to issuing the said Charge Memo dated 31.07.2019 [part of Annexure-13 to the writ petition], the petitioner was served with a show cause notice [Annexure-7 to the writ petition] dated 18.02.2019 on the allegation that he had denied to accept the movement order dated 14.02.2019 at 0625 hours directing him to move for Lungfung and Koloibasti for bona fide government duty in reference to the order dated 13.02.2019. The petitioner was asked to explain why a disciplinary proceeding should not be taken against him. The petitioner after seeking time for filing the reply had finally filed the reply on 27.06.2019 [Annexure-10 to the writ petition]. For purpose of reference, the entire text of the reply is reproduced hereunder:

(3.) In the reply, a reference was made to the order of this High Court [in the Division Bench] delivered in W.P.(C) No.113 of 2015, but the said order is remotely connected with the controversy as raised in this writ petition as in the said order, it had been noted that pursuant to the transfer order dated 21.02.2015, the petitioner had joined the new place of posting. In that background, it has been observed that with the passage of time the action has become infructuous inasmuch as after a period of three years, the transferee is normally transferred out and if not so already done, would be in due course, the petitioner is eligible for his transfer out of the transferred station. No observation was made whether the transfer orders were issued by an unauthorized officers, or not.