SANKAR CHANDRA NATTA Vs. STATE OF TRIPURA

JUDGEMENT

(1.) The petitioner is working as a Rifleman (Band). While in service, he was involved in a criminal case. By a judgment dated 14.02.2006 he was convicted by the Sessions Court and sentenced to rigorous imprisonment of 10 years for offence under Section 304 of IPC. He challenged the judgment of conviction before the High Court. The appeal was allowed on 03.07.2013. He was acquitted. In view of these developments, the department passed an order dated 11.09.2013 dropping the departmental inquiry which was instituted against him on the ground that he was convicted for offence under Section 304 of IPC. By this order his suspension period was also regularized and would be treated as having spent on duty.

(2.) Petitioner thereafter urged the department to grant him the promotion which he had in the meantime lost. The department handed over the impugned communication dated 22.08.2016 conveying to him that his case for promotion was considered but he was not found fit for promotion since he had average ACRs in his service record. At that stage, he has filed this petition.

(3.) The respondents have appeared and opposed the petition. It is pointed out that the DPC which was convened on 27.08.2012 had considered large number of eligible officials for promotion. The DPC also considered the case of the petitioner. The DPC had adopted "good" as a minimum benchmark for last five years of ACRs which the official must possess before he can be promoted. The respondents have pointed out that for the five years under consideration, i.e. period between the year 2007-08 to 2011- 12 the petitioner had overall "good" remarks only in three years whereas for the years 2009-10 and 2010-11 his overall performance was graded as "average".