SANTOSH KUMAR TIWARI Vs. STATE OF TRIPURA

JUDGEMENT

(1.) THE matter has been placed before this Bench in pursuance of the order passed by the learned Single Judge dated 08.02.2012 to reconsider the earlier judgment of the learned Single Judge dated 22.12.2011 passed in W.P.(C) No.161 of 2011 (Manas Mukherjee Vs. State of Tripura & anr.) holding that the amendment made to the Central Civil Services (Classification, Control and Appeal) Rules vide Notification dated 23.12.2003 will automatically become applicable to the State of Tripura, even though the State of Tripura had adopted the said rules as applicable before 21.01.1972.

(2.) THE petitioner is employed in the State of Tripura under the Revenue Department. He was placed under suspension on 06.06.2011 pending enquiry into the allegation of misconduct in issuing a land clearance certificate. Since the suspension continued beyond 90 days, without review, the petitioner filed this writ petition in this Court challenging the order of suspension on the ground that under the Central Civil Services (Classification, Control and Appeal) Rules, as amended in the year 2003, the order of suspension is liable to be revoked after 90 days in absence of review. Reliance has been placed on the judgment of learned Single Judge in Manas Mukherjee Vs. State of Tripura .

(3.) THE writ petition was opposed by the State of Tripura by submitting that sub -clause (6) and (7) of Rule 10 of the Central Civil Services (Classification, Control And Appeal) Rules, 1965 were not applicable to the State of Tripura as the State of Tripura had adopted the said rules, as they stood before 21.01.1972. The view taken in Manas Mukherjee that amendment to rules will automatically apply to the State of Tripura required reconsideration.