RANJIT DEBBARMA Vs. STATE OF TRIPURA

JUDGEMENT

(1.) Heard Mr. D. R. Chowdhury, learned counsel appearing for the petitioner as well as Mr. M. Debbarma, learned Addl.GA appearing for the respondents No. 1 to 8. Mr. B. Majumder, learned ASGI appearing for the respondent No. 12 and Mr. B. Debnath, learned counsel appearing for the respondent No.13.

(2.) There is no dispute that the respondent No.13, for purchasing a Jeep vehicle, took financial assistance in the form of loan from Tripura Scheduled Tribes Co-operative Development Corporation Ltd. vide loan account No.Jeep/241/1997. In terms of the loan agreement, the respondent No.13 had failed to make the re-payment of the instalments. As consequence thereof, the respondent No.7, Tripura Scheduled Tribes Co-operative Development Corporation Ltd. asked the Headmaster, Katlamara High School where the petitioner was posted as Kokborok teacher for deducting a sum of Rs.10,000/- per month from the salary of the petitioner as he stood guarantor to the said loan and the loanee had failed to act according to the agreement. Earlier to that communication, the petitioner was never informed that the respondent No.13 was defaulting in making repayment of the loan. As such, the petitioner faced jeopardy as on his retirement, retirement related payments were withheld. Mr. D R Chowdhury, learned counsel who is appearing for the petitioner has submitted that it appeared from the communication dated 04.11.2019 that there was an outstanding amount of Rs.4,66,034/- on the loan account. Mr. D. R. Chowdhury, learned counsel has simultaneously submitted that he does not admit or deny the correctness of the said amount. For purpose of realizing the said outstanding, he was asked to make payment @ Rs.10,000/- per month which created a serious hardship. When the petitioner took information from the respondent No.13, he had assured him that since by this time he has been employed under the Tripura State Electricity Corporation Ltd., he would make the repayment. The petitioner should not worry.

(3.) Mr. M. Debbarma, learned Addl. GA appearing for the official respondents has produced three communications issued from the Tripura Scheduled Tribes Co-operative Development Corporation Ltd. which had extended the loan and passed the order for recovery of the outstanding in the loan account from the petitioner.