BANABEHARIDAS Vs. STATE OF TRIPURA

JUDGEMENT

(1.) The appellant in this appeal, who was the writ petitioner in Civil Rule No. 216/1991, has assailed the judgment and order dated 30.04.97 passed by the learned Single Judge dismissing the writ petition and upholding the order of penalty imposed on the petitioner/ appellant pursuant to a departmental proceeding.

(2.) The petitioner/appellant while was serving as Tehsildar under the respondents was placed under suspension way back in 1985 in contemplation of a departmental proceeding. He was served with memorandum of charge sheet dated 22.04.85 by which altogether four charges were leveled against him. All the charges were pertaining to financial irregularities committed by the petitioner/appellant. According to those charges, although the petitioner had collected the amounts in question as land revenue, but he did not deposit the same and the amounts were also not entered in the Register in question as well as in the cashbook.

(3.) The petitioner, in response to the memorandum of charge sheets, submitted his defense statement denying the charges levelled against him. A regular departmental enquiry was conducted and the Inquiry Officer appointed by the disciplinary authority held the petitioner to be guilty of all the charges except charge No. 4. On the basis of such findings recorded by the Inquiry Officer, the disciplinary authority imposed the penalty of removal from service by order dated 04.04.90. Being aggrieved, the petitioner preferred a departmental appeal before the appellate authority and the appellate authority, although upheld the findings recorded by the Inquiry Officer as well as the disciplinary authority, interfered with the penalty of removal from service by substituting the same to that of a penalty of reduction in pay to Rs. 970/- in the time scale of pay of Rs 970-40-1290-45- 1650-50-2400/- for a period of five years with effect from the date of the order. The appellate order was passed on 21.06.90.