SAMBHUNATH DATTA Vs. STATE OF TRIPURA

JUDGEMENT

(1.) The petitioner while serving as the Inspector of Food was proceeded against in terms of the charges, as under noted, communicated by the memorandum No. F.2-1(24)-DF/2001 (Annexure-P/1 to the writ petition) dtd. 19/7/2002:

(2.) The petitioner has denied the allegations of misappropriation as brought by the said memorandum dtd. 2/8/2002 (Annexure-P/2 to the writ petition) by filing the written statement of defence dtd. 19/7/2002. The petitioner was placed under suspension. The said statement was unconventionally elaborated. The petitioner claimed in the said written statement that the charges are contradictory and not substantiated by materials and are on conjuncture. The entire procedure of physical verification was perverse and as such, the petitioner though was entitled to exoneration from the charges, but penalty was imposed on culmination of the inquiry.

(3.) According to the petitioner, inquiry that has been carried out was taken to its end by flouting the principles of natural justice and the safeguards provided under Rule 14 of the CCS (CCA) Rules, 1965. The inquiry report was furnished to the petitioner by the memorandum dtd. 13/2/2007 accommodating him with fortnight's time for filing the representation/reply. The inquiry authority has observed in the report as under: "Viewed in the perspective, I find and hold that the prosecution has established the article of charges against the A. O. except the article -IV. therefore, the charge brought against the A.O. namely Shri Sambhunath Datta, Inspector of Food is found guilty for violation of Rule-3(I) of the Tripura Civil Service (Conduct) Rules, 1988."