RATANMANI DEBNATH, SON OF MAHENDRA DEBNATH Vs. STATE OF TRIPURA AND ORS ; SECRETARY TO GOVT OF TRIPURA, PANCHAYAT DEPARTMENT, AGARTALA; DIRECTOR OF PANCHAYATS, GOVT OF TRIPURA

JUDGEMENT

(1.) Heard Mr. D. Chakraborty, learned counsel appearing for the petitioner as well as Ms. A.S. Lodh, learned Addl. Govt. Advocate appearing for the respondents.

(2.) By means of this petition, the petitioner has challenged the action of the respondents as reflected in the order dated 02.04.2007, Annexure-'E' to the writ petition, whereby his period of suspension has been purportedly regularised. Further, the petitioner has sought for a direction on the respondents to release his full pay and allowances for the period of suspension from 18.04.2000 to 02.09.2003, treating the same as spent on duty for all purposes and, to release the increments w.e.f. 01.05.2000 till date, which has been held back as consequence of the order dated 02.04.2007. The petitioner has further asked for giving him the benefit of revision of pay w.e.f. 01.01.1996 in terms of the Tripura State Civil Services (Revised Pay) Rules, 1999.

(3.) The undisputed fact as surfaced from the records is that the petitioner was arrested in connection with the Manu P.S. Case No.07/2000, under Section 365 of the IPC read with Section 27 of the Arms Act and, he was detained in the custody for a period of more than forty eight hours. Thereafter, the petitioner was placed under suspension for such detention by the order dated 19.05.2000, Annexure-R/2 to the counter-affidavit filed by the respondents, w.e.f. 18.04.2000 when the petitioner was arrested, under Rule 10(2) of the Civil Services (Classification, Control and Appeal) Rules, 1965, for short CCS(CCA) Rules, 1965.