LAWS(TRIP)-2018-10-7

DILIP KUMAR DATTA Vs. STATE OF TRIPURA

Decided On October 10, 2018
Dilip Kumar Datta Appellant
V/S
STATE OF TRIPURA Respondents

JUDGEMENT

(1.) BY THE COURT(Per Hon'ble Mr. Justice A. Lodh) Since common questions of fact and law are involved in both the writ appeals, with consent of the parties, these are decided by the present order.

(2.) By means of these intra-court appeals, the appellants have challenged the legality of the judgment and order dtd. 28/7/2014, passed by the learned Single Judge in WP(C) 242 of 2009 and WP(C) 164 of 2010 wherein and whereunder the learned Single Judge did not find any merit to interfere with the order passed by the Disciplinary Authority with affirmation by the Appellate Authority imposing penalty of reduction of pay scale to the lowest stage to Rs.4200.00, in the time scale of pay Rs.4200.00120-6000-130- 7300-150-8650/- in respect of writ appellant, Sri Dilip Kumar Datta; and Rs.3,200.00, in the time scale of pay Rs.3200.0090-4280-100-5480- 110-6030/- in respect of writ appellant, Sri Makhan Lal Dey with cumulative effect till the appellants could be found fit by the disciplinary authority to be allowed to earn increment from that stage.

(3.) A common disciplinary proceeding was initiated against the appellant Sri Dilip Kumar Datta, a Forester under the department of Forest and other two persons namely Makhan Lal Dey (appellant of WA No.63/2014), Forest Guard and Amal Laskar, Mali-cum-Watcher under Rule 14 of the CCS and CCA Rules,1965. The article of charges against the appellant-delinquents and Sri Amal Laskar were framed which are reproduced below: