BIMAL BHOWMIK Vs. STATE OF TRIPURA

JUDGEMENT

(1.) THE petitioner was a Medical Officer of the Tripura Health Services. He retired on superannuation in the afternoon of 30.4.2002. Immediately before his retirement he held the post of Director of Health Services. After retirement a memorandum was issued on 18.6.2002 under the signature of the Under Secretary to the State Government in the General Administration (AR) department proposing to hold an inquiry under Rule 14 of the CCS (CCA) Rules 1965 deeming it a proceeding under Rule 9(2) (a) of the CCS (Pension Rules) 1972. The only charge against him is that though the post of Director of Health Services held by him is a non -practicing post, the petitioner engaged himself in private practice during his tenure in the said post.

(2.) IT has, however, been stated in the charge itself mat though the petitioner pursued his private practice beyond office hours in the morning and evening, but it amounted to violation of the notification No. F. 3 (222) -HFW/99.IV dated 2nd January 2001 whereby the post of Director was declared non practicing post. Aggrieved by the said memorandum initiating the disciplinary -proceeding the petitioner has approached this Court by means of this petition for quashing the same.

(3.) THE respondents in their joint counter Affidavit contended, interalia, that though the proceeding was initiated without sanction of the Governor, later the sanction was obtained validating thus, the proceeding in question. As regards the question whether the alleged private practice by the petitioner while holding the post of Director amount to gross misconduct, it has been contended that the Director is the head of department and, therefore, the powers and functions attached to that post involves considerable public interest. In consideration of the public interest the State Government issued the notification on 2.1.2001 declaring the post as non practicing one with immediate effect.