ADHIR CH DHAR Vs. STATE OF TRIPURA

JUDGEMENT

(1.) In this writ petition, the petitioner challenges the legality of the departmental proceedings against him, which resulted in imposing a penalty of withholding one increment for a period of three years with cumulative effect with effect from the date of his next increment on 01.01.1998.

(2.) I have heard Mr. A.K. Bhowmik, the learned senior counsel, assisted by Mr. S. Ghosh and Mr. S.R. Dey, the learned counsel appearing for the petitioner. I have also heard Mr. D.K. Bhattacharjee, the learned counsel for the State-respondents.

(3.) The factual matrix leading to the institution of the writ petition may be briefly noticed. The petitioner is serving as Sub-Inspector of Police under the Home Department of the Government of Tripura. In the year 1996, the State-respondents issued the Memorandum dated 20.06.1996 (Annexure-1 to the writ petition) proposing to hold a departmental enquiry against him under Rule 861 of the Police Regulation of Bengal, 1943, which is made applicable to the State of Tripura, requiring him to submit a written statement of defence, etc. The Articles of charges are as follows :-