ASHIT KUMAR DAS Vs. STATE OF TRIPURA

JUDGEMENT

(1.) The instant writ petition has been filed for quashing of the memorandum dt.13.3.2010 initiating disciplinary enquiry against the petitioner and the order of penalty/punishment which has been finally inflicted upon him vide order dt.15.7.10 modified to some extent in departmental appeal vide order dt. 18.7.11.

(2.) The brief facts of the case, in a nutshell, which are relevant for the purpose leading to examine the matter, are that the writ petitioner while working as Inspector(UB) in SP(S) office, South, Udaipur for some alleged misconduct served with memorandum dt. 13.3.2010 along with the Statement of Article of Charge for holding disciplinary enquiry under Regulation 861 of P.R.B., 1943.

(3.) At the outset, we noticed that in a regular disciplinary enquiry two charges were levelled against the petitioner delinquent and the enquiry officer found Charge No.I proved out of the two charges levelled against him as it reveals from the enquiry report dt.26.5.2010 and after the copy of enquiry report was served upon the petitioner and taking his comments, the disciplinary authority confirmed/accepted the finding of the enquiry officer in reference to Charge No.I and punished him with a penalty of reducing the pay to the minimum of basic pay for three years without any cumulative effect vide order dt.15.7.2010.