MINATI DAS Vs. THE STATE OF TRIPURA

JUDGEMENT

(1.) THIS writ petition is directed against the order dated 29.08.2008 whereby a sum of Rs. 40,095/ - (Rupees forty thousand and ninety five) had been withheld from the DCRG (Death Cum Retirement Gratuity) of the husband of the petitioner payable to the petitioner.

(2.) THE undisputed facts are that the husband of the petitioner was posted as Forester and was earlier serving in Khowai under Teliamura Forest Division. An allegation was made against him that during the period November, 1989 to February, 1991 when Monoranjan Das was posted at Khowai, he seized certain timber but while handing over the charge of his post, he did not hand over the said timber to his successor. Accordingly disciplinary proceedings were initiated against Monoranjan Das in this regard. Inquiry was conducted and the Inquiry Officer vide his report dated 28.11.2006 totally exonerated Monoranjan Das. However, the disciplinary authority disagreed with the report of the Inquiry Officer and issued notice to Monoranjan Das on 12.03.2007 to show cause why the penalty be not imposed upon him. However, before any final decision was taken, Manoranjan Das expired on 24.02.2008. Thereafter the State took a decision on 23.05.2008 to drop the disciplinary proceedings. The said decision reads as follows: - -

(3.) IT would be pertinent to mention that no reservation has been expressed in this order that the State would be entitled to recover any amount on account of the loss suffered from the estate of deceased Monoranjan Das. The Inquiry proceedings were closed.