SUKUMAR DEBBARMA Vs. STATE OF TRIPURA

JUDGEMENT

(1.) THE undisputed facts unfolded in the writ petition are that the respondent No.4 had obtained a loan to the extent of Rs.3,07,800 by virtue of the memorandum dated 19.12.1998 (Annexure -P/3 to the writ petition) and the petitioner herein stood as the guarantor on executing the instrument styled as the letter of guarantee (Annexure - R/3 to the counter -affidavit filed by the respondents No. 1 and 2) and also authorising the Inspector of Schools, Bishalgarh by the letter (Annexure -R/2 to the counter -affidavit filed by the respondents No. 1 and

(2.) ) that, if the borrower failed to repay the loan amount with interest accrued thereof partly or fully, deduction may be made from his monthly pay bill for repayment of the loan or interest of the said borrower till the full recovery of the said loan is made. 2. The General Manager of the respondent No.3 by the letter dated 22.08.2001 (Annexure -P/2 to the writ petition) had asked the petitioner for repayment of the outstanding amount to the extent ofRs.2,56,500 as on 31.07.2001 alongwith interest to the extent ofRs.20,982 as on 31.03.2001 as the respondent No.4 had not been repaying the instalments in terms of the sanction letter and the loan agreement.

(3.) THE General Manager of the respondent No.3 by a letter dated 10.10.2001 (Annexure -R/4 to the counter -affidavit filed by the respondents No. 1 and 2) had requested the Inspector of Schools (the Drawing and Disbursing Officer for the petitioner) to recover a sum of Rs.3,000 per month from the salary bill of the petitioner till the amount of Rs.2,77,482 as on 31.03.2001 was recovered. The Inspector of Schools had also received a reminder from the said General Manager of the respondent No.3 in the form of a letter dated 04.02.2002 (Annexure -R/5 to the counter -affidavit filed by the respondents No. 1 and 2). Thereafter, the Inspector of Schools, by the memorandum dated 24.04.2002 (Annexure -R/6 to the counter -affidavit filed by the respondents No. 1 and 2) has made the following order :