MANAS MUKHERJEE S/O LATE SANTOSH KUMAR MUKHERJEE Vs. STATE OF TRIPURA TO BE REPRESENTED BY THE CHIEF SECRETARY TO THE GOVERNMENT OF TRIPURA

JUDGEMENT

(1.) THE petitioner, who is an Executive Engineer serving in the Tripura Sate Pollution Board, has filed this writ petition challenging the very initiation of the departmental proceedings against him under the provisions of CCS(CCA) Rules, 1965. According to him, the said rules having not been adopted by the Pollution Control Board as envisaged under the provisions of the Water (Prevention and Control of Pollution) Act, 1974, the said proceedings are not sustainable in law.

(2.) THE fact of the matter is that placing reliance on the provisions of the CCS(CCA) Rules, the same very petitioner had earlier approached this Court by filing a writ petition being WP(C) 161/2011. In that writ petition, the plea of the petitioner against the order of suspension was that as per the provisions of the CCS(CCA) Rules, the order of suspension shall not be valid beyond a particular period. Accepting the said plea of the petitioner, this Court by judgement and order dated 22.12.2011 allowed the writ petition setting aside and quashing the order of suspension passed against the petitioner.

(3.) SECTION 12(3) and SECTION 12(3A) of the aforesaid Act on which the petitioner has placed reliance, are reproduced below :-