NARAYAN CHANDRA GHOSH Vs. STATE OF TRIPURA

JUDGEMENT

(1.) HEARD Mr. B. Das, learned senior counsel assisted by Mr. P. S. Chakraborty, learned counsel for the petitioner and Mr. U. B. Saha, learned Senior Government Advocate assisted by Mr. A. Ghosh, learned counsel for the State respondents.

(2.) THE question for consideration is whether departmental proceedings under the prevailing 'norms' or 'rules' applicable to the employee could be preceded with when for similar allegations and offences the employee has been exonerated in the criminal proceedings ?

(3.) THE petitioner has challenged the order dated 10. 07. 1990 (Annexure-C) placing the petitioner under suspension and the order dated 29. 09. 1992 of disciplinary authority, the Director of Land Records and Settlement, Government of Tripura, imposing penalty of upholding three increments of pay with cumulative effect and order dated 25. 1. 1993/5. 2. 1993 of Secretary, State Government of Tripura, Department of Revenue, rejecting the appeal of the petitioner against the order of penalty. The petitioner, however, has not challenged anywhere the enquiry report dated 5. 9. 1992 (Annexure-E to the writ petition ).