PRADIP KUMAR DAS Vs. STATE OF TRIPURA

JUDGEMENT

(1.) Heard Mr. P. Roy Barman, learned counsel for the petitioner. Also heard Mr. U. B. Saha, learned senior Govt. Advocate, assisted by Mr. J. Majumdar, learned counsel for the respondents.

(2.) By this writ petition under Article 226 of the Constitution of India, the petitioner challenged the memo bearing No. F.4 (1- 2989)-DSE/2000 dated 3.1.2001 (Annexure- E) and also the memo bearing No. F.4(l- 2989)-DSE/2000 dated 1.2.2001 (Annexure- G) by which the petitioner had been denied his right to be supplied with the copies of documents relied upon by the prosecution to substantiate the charges.

(3.) The case, in short, is that the petitioner has been served with a memorandum of charges dated 18.11.2000 under Rule 16(1)(b) of the Central Civil Services (Classification, Control and Appeal) Rules, 1965 (hereinafter referred to as CCS (CCA) Rules, 1965) to face departmental proceeding. The said memorandum of charges contains the imputation of mis-conduct with particulars, list of documents to be relied upon and the list of witnesses to be examined in order to substantiate the charges. The petitioner on receipt of the said memorandum of charges made repeated requests to the disciplinary authority seeking for supply of the copies of the enlisted documents for taking his defence, but the disciplinary authority instead of supplying the copies of the documents asked the petitioner to make his statement of defence first and by the impugned memorandum the authority declined to supply the copies of the documents to the delinquent petitioner at this stage, but assured the petitioner that he would be allowed all sorts of opportunities at appropriate stage. Being aggrieved, the petitioner filed this writ petition challenging the order of such refusal.