BHAJAN CH DEBNATH Vs. STATE OF TRIPURA

JUDGEMENT

(1.) THIS writ appeal is directed against the judgment and order dated 11. 2. 2005 passed by the leaned Single judge in the writ petition being WP (C) No. 240/2003 dismissing the writ petition.

(2.) THE writ petitioner, the appellant herein who has since retired from service on attaining the age of superannuation with effect from 31. 7. 2008 was appointed as Upper Division Clerk (UDC) in the Forest Department of Government of Tripura with effect from 6. 4. 1981. He was superceded by his juniors first in respect of promotion to the post of Accountant in the year 1991 (27. 11. 1991) and thereafter to the post of Office Superintendent in the year 1998 (9. 7. 1998 ).

(3.) CERTAIN departmental proceedings were drawn up against the petitioner, last one of which is the subject matter of dispute in this proceeding. It will be pertinent to mention here that the petitioner was recommended for promotion to the post of Accountant by the DPC with effect from 27. 11. 1991. However, he could not be promoted in view of pendency of departmental proceedings. The writ petition being Civil Rule No. 90/1993 filed by the petitioner, being aggrieved by his supercession, was disposed of by judgment and order dated 13. 3. 2001 with the direction to complete the disciplinary proceeding within four months. It was provided that, on conclusion of the proceeding, if the petitioner was exonerated, the authority would consider his case for promotion to the rank of Accountant and office superintendent with all consequential benefits.