SUKUMAR DAS Vs. STATE OF TRIPURA

JUDGEMENT

(1.) This application under Article 226 of the Constitution of India has been filed by the petitioner for quashing the order of suspension dated 23.2.1987 (Annexure-A), Memo of proceeding dated 1.6.1987 (Annexure-C) and order of termination dated 15.1.1988 (Annexure-D/2) and also the order of appellate authority dated 28.11.88 contained in Annexure-I.

(2.) I have heard Mr. S. Chakraborty, the learned counsel appearing on behalf of the petitioner and Mr. A.K. Bbowmik, the learned senior counsel appearing on behalf of the respondents.

(3.) The facts of the case, shortly put are that the petitioner who was a Clerk-cum-Cashier in a privately managed. School, namely, Netaji Subhas Vidyaniketan was put under suspension by an order dated 23.2.1987 (Annexure-A) in contemplation of drawing up a departmental proceeding Against him. Thereafter, by Memo dated 1st June, 1987 a departmental proceeding was drawn up against the petitioner on the charges of misappropriation of a sum of Rs.32,412.94 p. Two distinct charges which were framed against the petitioner under Articles No. 1 and 2 are as follows :- "Statement of Articles of charges framed against Shri Sukumar Ranjan Das, Clerk-cum-Cashier, Netaji Subhas Vidyaniketan, Aganala in connection with the enquiry under Rule 22 of the Grant-in-aid Rules (Recurring), 1978, ARTICLE -I That Shri Sukumar Ranjan Das, Clerk-cum-Cashier, Netaji Subhas Vidyaniketan, Aganala is charged for gross misconduct in that he while employed as clerk-cum-cashier of Netaji Subhas Vidyaniketan, Aganala having dominion over the funds of the school misappropriated a sum of Rs. 31,402.89(Rupees thirty one thousand lour hundred two and paise eighty-nine) only, during the period from 11.9.1986 to 21.11.86 and that admitting the said position Shri Sukumar Ranjan Das refunded an amount of Rs. 11,000.00 (Rupees eleven thousand) only on 25.11.86 but failed to refund the balance amount of Rs, 20,402.89 (Rupees twenty thousand four hundred two and paise eighty-nine) only, within 21.1.87 as per direction of (he Managing Committee. ARTICLE - 2 That Shri Sukumar Ranjan Das, Clerk -cum-Cashier Netaji Subhas Vidyaniketan, Agartala is charged for gross misconduct in that he while employed as Clerk-cum-Cashier of Netaji Subhas Vidyaniketan, Agartala having sole responsibility of cash accounts did not make due entries in the cash books of the school day to day w.e.f. 11.9.86 to 9.10.86 and thus neglected to perform his duty."