DIPAK DEB Vs. STATE OF TRIPURA AND ORS.

JUDGEMENT

(1.) Heard learned counsel, Mr. P. Roy Barman for the petitioner and learned counsel, Mr. B. Dutta for the State respondents.

(2.) The petitioner while was working as a Foreman under the Directorate of Industries & Commerce, Government of Tripura, posted at Industrial Training Institute(ITI), Kailashahar, a disciplinary proceeding was drawn up against the petitioner vide Memo. dated 10.01.2008(Annexure-G to the writ petition) by the Director of Industries & Commerce on the following article of charge:

(3.) In response to the said Memo dated 10.01.2008, the petitioner submitted his reply to the disciplinary authority and thereafter a formal inquiry was conducted under Rule 14 of the CCS(CC&A) Rules, 1965 by the Additional Commissioner of Departmental Inquiries, Government of Tripura and the inquiry officer submitted a report on 15.09.2008(Annexure-J to the writ petition) holding that the charge framed against the petitioner has been proved. The disciplinary authority, thereafter in due course passed order of punishment dated 19.09.2009(Annexure-L to the writ petition) directing that the petitioner should be reduced to the post of Blacksmith from the post of Foreman on re-appointment in the scale of pay of Rs. 240-440/- since 27.01.1986 subject to revision of pay time to time. By another Memo. dated 20.11.2009 (Annexure-M to the writ petition), the Principal of ITI, Kailashahar, i.e. respondent No.4 directed that in view of the punishment an amount of Rs. 7,11,836/- should be recovered from the pay of the petitioner in 122 instalments.