STATE OF TRIPURA Vs. SHIB CHANDRA DEBBARMA

JUDGEMENT

(1.) By means of this appeal, the State of Tripura has challenged the Judgment dated 27.01.2009 delivered by a learned Single Judge of the Agartala Bench whereby he allowed the writ petition filed by the respondent herein and quashed the order dated 28.11.2005 passed by the disciplinary authority.

(2.) Briefly stated the facts of the case are that at the relevant time the original writ petitioner was working as Executive Engineer and had been promoted to the post of Superintending Engineer in the State of Tripura. Disciplinary proceedings were initiated against him in respect of two charges. The first charge was that he had acquired homestead land, constructed residential building thereon and purchased a Maruti car without permission of the competent authority. The second charge was that he had submitted false property returns in respect of liquid assets including the homestead land and residential building as well as the Maruti car.

(3.) The inquiry officer vide his report dated 11.12.2003 held that both the charges were not proved against the writ petitioner. It would be pertinent to mention that in support of its allegations, the presenting officer at the stage of filing written arguments in the inquiry had relied upon certain documents which had not been relied upon at the earlier stage of the inquiry. These documents had not also been proved. The defence objected to the documents being read in the evidence since they had neither been proved nor produced at an earlier stage. The inquiry officer upheld the objection of the delinquent officer and did not take those documents into consideration and exonerated the officer.