NARAYAN DEBNATH Vs. STATE OF TRIPURA & ORS

JUDGEMENT

(1.) Heard Mr. B. Das, learned Sr. counsel for the petitioner and Mr. DC Nath, learned Govt. counsel appearing for the State respondents. The writ petitioner is challenging the order dated 27.6.2000 whereby the Superintendent of Police, South Tripura District has imposed penalty of stoppage of one annual increment without cumulative effect and also to treat the period of suspension, 16.4.1996 to 25.2.1997 as not on duty in a departmental proceeding.

(2.) The impugned order has been assailed primarily on the ground that for the same incident a criminal proceeding was also initiated and in the criminal proceeding, the writ petitioner has been acquitted and as such the punishment in the disciplinary proceeding should also be quashed.

(3.) In support of his submission, the learned counsel for the petitioner relied on the judgment of the Hon'ble Supreme Court rendered in the case of Capt. M. Paul Anthony v. Bharat Gold Mines Ltd and another, 1999 3 SCC 679.