STATE OF TRIPURA Vs. SANATAN TALUKDAR

JUDGEMENT

(1.) The Respondent herein, namely, Sanatan Talukdar, is a member of Indian Forest Service ('TFS') belonging to the 1981 Batch of Manipur and Tripura Joint Cadre. By a memorandum, dated 28.4.1995, a disciplinary proceeding was drawn against the Respondent, under Rule 14 of the Central Civil Services. (Classification, Control and Appeal) Rules, 1965, on a charge of misconduct. The Respondent, as an applicant, put to challenge the drawing of the said disciplinary proceeding, by making Original Application No. 142 of 1997, before the Central Administrative Tribunal. During the course of hearing of the said Original Application ('OA'), the learned Tribunal was informed by the authority concerned that charges, under the Indian Civil Services (Discipline and Appeal) Rules, 1969, were made ready and would be served upon the applicant/Respondent herein in due course. The learned Tribunal, therefore, disposed of the OA No. 142/1997, with direction to the present writ Petitioners to complete the inquiry, on the fresh charges, within the prescribed period.

(2.) A fresh memorandum of charges were accordingly served upon the applicant-Respondent herein by memorandum, dated 1.8.1997, mentioning therein the alleged misconduct for contravention of Rule 3 of the Indian Services (Conduct) Rules. The applicant-Respondent submitted his written statement. On completion of the inquiry, the Inquiry Officer submitted his report holding the applicant-Respondent guilty of both the charges. A copy of the inquiry report was, vide Memorandum, dated 12.2.1998, served upon the applicant-Respondent advising him to submit his representation, if any, against the finding of the Inquiry Officer. Though the applicant-Respondent sought for further time to enable him to examine the inquiry report and submit his representation against the same, this was declined by communication, dated 20.2.1998. The applicant-Respondent, however, submitted, on 26.2.1998, his representation assailing the report of the Inquiry Officer.

(3.) By order, dated 30.7.1998, the disciplinary authority passed an order imposing penalty of reduction by one stage, in the time scale of pay, for a period of two years, with cumulative effect, with the stipulation that during the period of reduction to the earlier stage, the applicant-Respondent would not be entitled to any increment. The applicant preferred, on 18.8.1998, an appeal. In course of time, the applicant, Respondent made a request for early disposal of his appeal. As no appropriate order was passed on his appeal, the applicant-Respondent, moved, in the Central Administrative Tribunal, an original application, being OA No. 48/2000, assailing the legality and validity of the departmental proceeding, drawn against him, and also the consequential order of penalty imposed on him. This original application was resisted by the present Petitioners.