STATE OF TRIPURA AND ORS. Vs. PRANESH CHAKRABORTY

JUDGEMENT

(1.) By this appeal, the appellant-State has challenged the order, dated 24.8.2007 passed by the learned Single Judge in Civil Rule No.71 of 1998 (Re-CR 242 of 1998) whereby and where under the learned Single Judge allowed the writ petition setting aside and quashing the order of penalty imposed by the disciplinary authority on 31.1.1996 (Annexure 10 to the writ petition) and the order of the appellate authority, dated 8.12.1997 (Annexure-B to the writ petition).

(2.) Heard Ms AS Lodh, learned Additional GA, appearing for the State-appellants as well as Mr. SM Chakraborty, learned senior counsel assisted by Mr. S. Bhattacharjee, learned counsel, appearing for the sole respondent-writ petitioner.

(3.) Facts need to be discussed as follows; On 9.7.1995, Sunday, the respondent-petitioner was allocated with the duties between 4 PM to 7 PM in the News Bureau. A tour programme of the Governor of Tripura was handed over to the petitioner, which was sent from the Governors Secretariat to the effect that the Governor of Tripura would visit the Temple of Chaturdas Devta on 9.7.1995 and would offer Puja and talk to the chief priest. The respondent-writ petitioner being a reporter was under obligation to translate the said message sent from the Governors House into a news item for publication in the form of press release. Accordingly, the petitioner translated the said message into a news item and kept the same for formal release under the authority of the competent person. As 9.7.1995 was Sunday, the petitioner received no intimation as to the cancellation of the said programme of the Governor up to 7 PM. In that situation, he had no other option but to consider the said message as final one and thereby translated it as news item and discharged his part of the duty. Unfortunately, the said news tern was given as a press release due to inadvertence or mistake of somebody in the office of the petitioner for which, the petitioner had no knowledge or responsibility in any manner whatsoever.