BISWESWAR DEBNATH Vs. STATE OF TRIPURA

JUDGEMENT

(1.) The petitioner sought for a writ of certiorari for quashing the impugned Memorandum bearing No. F.2 (30)-DF/85 (PART) dated 8.9.1992, issued by the Director, Food and Civil Supplies, Government of Tripura dismissing the petitioner from service.

(2.) In short compass the petitioner's case could be summarised as below : The petitioner entered in service as Tahsilder on 16.11.1965. Thereafter, he was appointed as Store Keeper under the Directorate of Food and Civil Supplies, Government of Tripura vide order dated 5.7.1971. Subsequently he was confirmed in the aforesaid post of Store Keeper on 2.3.1978. While the petitioner was serving being posted at Kanchanpur Government Food Godown, he was kept under suspension by the Director, Food and Civil Supplies (Respondent No. 3) vide order dated 28.9.91 in contemplation of disciplinary proceeding. Thereafter disciplinary proceeding was initiated against the petitioner by issuing a formal memorandum of charges bearing No. F.2(30)-DF/85(part)/14523 (dated 3.8.1992. The memorandum of charges ex facie is bad, lack of particulars though by the same the authority proposed to dismiss the petitioner from service. On receipt of the said memorandum of charges the petitioner made representation dated 14.8.1992 narrating the details and having claimed to be innocent, but without causing any enquiry whatsoever the petitioner was dismissed from service by the impugned order dated 8.9,92. No enquiry was held, no evidence recorded, no opportunity was allowed to the petitioner to refute the charge but having resorted to the provision of Rule 19 of the CCS (CCA) Rules, 1965 (for short 'Rules 1965') the petitioner was dismissed from service.

(3.) A criminal case was filed by the Department against the petitioner bearing G.R. 213 of 1990 under Section 409 IPC, but while the said case was pending before the learned Chief Judicial Magistrate, North Tripura, Kailashahar, the aforesaid dismissal order was issued.