KAMAL KANTI DEBNATH Vs. STATE OF TRIPURA

JUDGEMENT

(1.) BY this petition, the petitioner has challenged the order dated 19. 6. 1995 issued by the Joint Secretary, Government of Tripura, imposing penalty of withholding increments of pay for a period of two years without cumulative effect.

(2.) THE facts leading to the filing of the present writ petition is that the Joint Secretary, Government of Tripura, on 23. 8. 1993 issued a Memorandum asking the petitioner to explain the reason as to why disciplinary action shall not be taken against him for using abusive languages in his application dated 14. 10. 1992 addressed to the Deputy Secretary, Appointment and Service Department, which is unbecoming by a Government servant. The petitioner on receipt of the said memorandum submitted his reply on 29. 9. 1993 denying using any abusive language and explaining circumstances under which the letter dated 14. 10. 1992 was issued by the petitioner through proper channel. The Joint Secretary, Government of Tripura, Administrative Reforms Department thereafter vide Memorandum dated 2nd February, 1994 initiated a departmental proceeding under Rules 16 of the C. C. S. (C. C. A.) Rules, 1965 asking him to show cause within 10 days on the charges levelled against him which was enclosed to the said memorandum. The petitioner on receipt of the said charge Memo submitted his reply dated 21. 2. 1992 denying the charges levelled against him. The Joint Secretary to the Government of Tripura, Administrative Reforms Department, vide order dated 19. 6. 1995 thereafter, upon consideration of the charges levelled against the petitioner as well as the written statement submitted by him and upon consultation with the Tripura Public Service Commission awarded the minor punishment of withholding of increments of pay for a period of 2 years without cumulative effect. Being aggrieved, the petitioner filed an appeal before the Chief Secretary, Government of Tripura on 9. 8. 1995 challenging the said order of punishment dated 19. 6. 1995, which, according to the petitioner was served him on 3. 7. 1995. However, the said appeal was dismissed as barred by time vide order dated 13. 11. 1995 issued by the Deputy Secretary to the Government of Tripura, Administrative Reforms Department. Hence, the present writ petition.

(3.) I have heard Mr. A. R. Barman, learned counsel appearing on behalf of the petitioner and Mr. R. B. Sinha, learned State counsel appearing on behalf of the respondents.