DILIP KUMAR DATTA Vs. STATE OF TRIPURA

JUDGEMENT

(1.) THE genesis of both the writ petitions is an incident occurred on 03.03.2003 at about 01 -30 pm at the Forest Rest House/Office of the Range Officer, Dharmanagar and a common disciplinary proceeding was drawn up against both the writ petitioners named above and another Sri. Amal Laskar (Mali -cum -Watcher) by the Principal Chief Conservator of Forests, Tripura vide Memo No. F.19(569) -VIG/FOR -2003/18,954 -58 dated 18.10.2003 and an inquiry under Section 14 of the CCS(CCA) Rules was directed for major punishment. In the inquiry both the petitioners and Sri. Amal Laskar were found guilty and accordingly, the disciplinary authority inflicted punishment against both the writ petitioners by separate orders and challenging those orders the present writ petitions are filed by Shri Dilip Datta, Forester, the petitioner of W.P.(C) No. 242 of 2009 and Sri. Makhan Lal Dey, Forest Guard, the petitioner of W.P. (C) No. 164 of 2010.

(2.) BOTH the writ petitions were heard analogously on the prayer of the learned counsel of both side since common questions of law are involved and this common judgment shall govern both the cases.

(3.) HEARD learned counsel, Mr. P. Roy Barman for the petitioner of W.P.(C) No. 242 of 2009 and learned counsel, Mr. P. Datta for the petitioner of W.P.(C) No. 164 of 2010. Heard also learned Government Advocate, Mr. T.D. Majumder for the respondents in both the cases.