SANJIB DEBBARMA Vs. STATE OF TRIPURA

JUDGEMENT

(1.) Heard Mr. DR Choudhury, learned senior counsel assisted by Mr. S Sarkar, learned counsel appearing for the petitioner as well as Mr. PK Debnath, learned counsel appearing for the respondent No.2, Tripura Schedule Castes Cooperative Development Corporation Ltd., Agartala. Also heard Mr. D Bhattacharjee, learned GA assisted by Mr. K De, learned Addl. GA appearing for the respondents No. 1, 3, 4, 5 and 6. Despite due notice from this court, none appears for the respondent No.7.

(2.) The relevant facts which led to filing of this writ petition may be encapsulated at the outset. The petitioner is a Lower Division Clerk (LDC, for short) employed in the Central Training Institute, Sepahijala, Tripura. There is no dispute that when Smt. Rekha Das, the respondent No.7 herein, took a loan from the respondent No.2, the petitioner stood as guarantor against the said loan and the letter of guarantee was duly executed and that is available with the reply filed by the respondent No.2 (Annexure-H to the said reply). The letter of guarantee provides inter alia the following terms and conditions which were agreed by the respondent No.2 and the petitioner:

(3.) The other part of the recital in the letter of guarantee is not material in the present context.