NARENDRA DEBBARMA Vs. STATE OF TRIPURA

JUDGEMENT

(1.) By this intra-court appeal, the judgment and order dtd. 10/1/2017 delivered in WP(C) No.15 of 2011 by a learned Single Judge of this Court has been challenged.

(2.) The appellant [hereinafter referred to as the petitioner] retired from his service on superannuation on 31/8/2007 from the post of Forester. A post-retirement disciplinary proceeding was drawn against him by the Memorandum under No. F.19(686)-Vig/For-07/9551-54 dated 25/7/9 [Annexure 6 to the writ petition] under Rule 9 of the CCS(Pension) Rules as adopted by the Govt. of Tripura and having sanction of the Governor on the following articles of charge.

(3.) The petitioner disputed the charge by filing the written statement of defence dtd. 27/9/2009 [Annexure 7 to the writ petition]. Even though by the memorandum dtd. 25/7/2009, the Principal Chief Conservator of Forests [in short, the PCCF] was asked to enquire but the PCCF caused the said enquiry into the said articles of charge through one Mr. G.R. Pal, IFS, Conservator of Forests, South Circle, Udaipur [ the Respondent No.4 and 6] vide the order No. F.19 (686)/Vig/For-2007/16821-27 dtd. 14/10/2009 [Annexure 8 to the writ petition]. The petitioner at one phase of enquiry expressed his no confidence on the said Enquiry Officer, but said no confidence was not acted upon and the inquiry proceeding was carried out as the petitioner had acquiesced to the later phase of the proceeding.