RANGANATH MUKHERJEE Vs. STATE OF TRIPURA

JUDGEMENT

(1.) Heard Mr. P.R. Barman, learned counsel for the appellant and also heard Mr. D.K. Bhattacharjee, learned counsel appearing on behalf of the respondents.

(2.) This writ appeal is directed against the impugned judgment and order dated 8.1.99 passed by the learned Single Judge in Civil Rule No. 305/96 by which the writ petition preferred by the appellant/writ petitioner was dismissed holding that the continuation of the departmental proceeding against the appellant was in accordance with law as well as since no penalty as laid down in Rule 11 of Central Civil Services (Classification, Control and Appeal) Rules, 1965 (for short Ihe Rules') was imposed on the appellant, the provisions of Rules 16 (i) (d) and Rules 27 (2) of the Rules, are not attracted and no procedural illegality or irregularity was committed by the Inquiry Officer.

(3.) The facts, briefly stated as emerged out from the pleadings of the parties, are that the appellant while serving as Asstt. Head Master at Ampinagor Higher Secondary School, South Tripura, was placed under suspension vide order dated 20.11.91 in contemplation of a departmental proceeding. As even after two years of placing him under suspension, no departmental proceeding was initiated the appellant approached this court through Civil Rule No. 431/93 and the said Civil Rule was disposed of on 15.12.93 by this court with a direction to the respondents to dispose of the departmental proceeding within a period of three months from the date of the order felling which suspension order would stand revoked. Since the departmental proceeding could not be completed within the stipulated period, the suspension order was revoked vide order dated 27.5,94 with effect from 15.3.94.