BRAJENDRA DEBBARMA Vs. TRIPURA STATE CO-OPERATIVE BANK LIMITED; GENERAL MANAGER, TRIPURA STATE COOPERATIVE BANK LIMITED

JUDGEMENT

(1.) Heard Mr. Somik Deb, learned counsel appearing for the petitioner as well as Mr. S.K. Deb, learned senior counsel, assisted by Mr. P.K. Pal, learned counsel appearing for the respondents.

(2.) By means of this writ petition, the petitioner who was serving as the Grade-III officer of the Tripura State Cooperative Bank Limited, has challenged the final order dated 29.09.2012 under reference No.C-3/236/TSCB/Estt/4367/12 (Annexure-R/3 to the counter-affidavit filed by the respondents) urging this court for declaring that the departmental proceeding as initiated against the petitioner by the memorandum under No.C- 3/236/TSCB/Estt/14919-20/05 dated 23.04.2005 (Annexure-P/2 to the writ petition) as lapsed in view of the order dated 25.04.2016 passed by the Gauhati High Court in W.P.(C) No.169/2012 read with the order dated 04.09.2012 passed in C.M.Appl. No.320/2012, arising from W.P.(C) No.169/2012 (DO).

(3.) Mr. Somik Deb, learned counsel appearing for the petitioner has submitted that on numerous charges as depicted in the memorandum dated 23.04.2005, a departmental proceeding was launched against the petitioner. As the petitioner denied those charges, an inquiry officer was appointed for carrying out the inquiry and to aid the disciplinary authority to take the appropriate action. As the departmental proceeding was getting delayed inordinately the petitioner was compelled to approach the Gauhati High Court by filing the writ petition, being W.P.(C) No.476/2011. In that writ petition the petitioner had urged for release of his subsistence allowance as he was placed under suspension by the memorandum under No.C- 3/236/TSCB/Estt/10059-64/04 dated 24.12.2004 (Annexure-P/1 to the writ petition) without order of subsistence allowance. Finally, at the time of disposing the writ petition, being W.P.(C) No.169/2012, the Gauhati High Court by the order dated 25.04.2012 has observed as under :