STATE OF TRIPURA Vs. LIPIKA PAUL

JUDGEMENT

(1.) By means of this intra court appeal, the appellants have questioned the legality of the judgment and order dated 09.01.2020 delivered in WP(C) 1363 of 2019 [2020 SCC Online Tri 17].

(2.) The sole-respondent filed the writ petition challenging the action of the respondents in placing her under suspension at the fag end of her service career and initiating departmental proceeding after the date of her superannuation. According to the petitioner, the actions were taken without any basis and only by way of colourable exercise of power. By the said judgment dated 09.01.2020 the learned single judge, having appreciated the submissions and the records produced before him, has observed after interpreting Rule 5 of the Tripura Civil Services (Conduct) Rules, 1988, that the charge-sheet issued against the petitioner under memorandum dated 15.06.2019 is liable to be set aside. Consequentially, the order of suspension dated 25.04.2018 which was issued pending initiation of the departmental inquiry was also interfered with. On such interference, the respondents were directed to release the post retiral benefits which has not been paid to the petitioner, within a period of two months from the date of the judgment.

(3.) The brief fact which is material for determining the appeal may be encapsulated in the following manner. By the judgment dated 25.04.2018 (Annexure-1 to the writ petition) it has been stated that the petitioner [the respondent herein] had been alleged of violating Rule 5 of the TCS (Conduct) Rules, 1988 'for directly taken part in a political rally organized/campaigned by the CPI(M) party at Astabal Maidan, Agartala on 31.12.2017 at 04.05 p.m. as reported by Sri Abhijit Ghosh, Editor of Janata Mashal'.