SUSHANTA GUPTA Vs. STATE OF TRIPURA AND OTHERS

JUDGEMENT

(1.) The instant writ petition is filed by the petitioner for quashing the Inquiry Report dated 17.06.2013/ 19.06.2013 (Annexure 3 to the writ petition) and the order of penalty dated 25.07.2014 (Annexure 5 to the writ petition) issued by the respondent No.3 and the appellate order dated 08.12.2014 (Annexure 7 to the writ petition) issued by respondent No.2.

(2.) Heard Mr. AK Bhowmik, learned senior counsel appearing for the petitioner as assisted by Ms. A. Banik as well as Mr. BC Das, learned Advocate General as assisted by Mr. N. Majumder, learned counsel appearing for respondent nos 1 to 4. Also heard Mr. P. Dutta, learned counsel appearing for respondent no.6

(3.) Mr. Bhowmik submits that from paragraph 9 of the writ petition, it would be evident that one Mr. GK Rao, the then Principal Secretary, GA(AR) Department framed the charge and as Additional Chief Secretary has passed the impugned order of penalty as disciplinary Authority and also acted as an appellate Authority while he was the Chief Secretary. Therefore, on this sole ground the order of appellate Authority has to be quashed.