LAWS(GAU)-2002-1-32

KESHAB KANTI BHATTACHARJEE Vs. STATE OF TRIPURA

Decided On January 11, 2002
KESHAB KANTI BHATTACHARJEE Appellant
V/S
STATE OF TRFPURA Respondents

JUDGEMENT

(1.) In this application filed under Article 226 of the Constitution of India the petitioner has challenged the order dated 29.6.1990 of the Governor of Tripura imposing penalty of with-holding of 3 (three) increments of pay with cumulative effect to the petitioner (Annexure-Q to the writ petition) and also the letter dated 28.5.1992 issued by the Joint Secretary to the Govt. of Tripura by which the treview application of the petitioner was rejected (Annexure-V to the writ petition).

(2.) At the relevant time the petitioner was serving as Executive Engineer, Public Health Engineering Division No. II at Kumarghat and in course of his duty he issued an indent for supplying of 2000 bags of cement from Stores Division, Arundhutinagar, Agartala, when cement could easily be collected from the nearest stock available at Dharmanagar. In connection with this the petitioner was put under suspension on 28.1.1983 and thereafter a disciplinary proceeding was initiated.

(3.) The charges levelled against the petitioner are found in the memorandum dated 10.1.1984 (Annexure-C to the writ petition). For convenience the articles of charges are reproduced below :-