CHANDMOHAN SAHA Vs. STATE OF TRIPURA

JUDGEMENT

(1.) HEARD Mr. S. Kar Bhowmik, learned counsel for the petitioner and also Mr. A. Ghosh, learned counsel who represents the official respondents.

(2.) THE petitioner who served as a Lower Division Clerk (LDC) under the Directorate of Handloom, Handicrafts and Sericulture and who has since retired from service with effect from 30. 4. 2006, is before this Court to challenge a decision of the respondents to initiate a departmental enquiry by a charge memo dated 28. 4. 2006, which was issued just two days before he was to go on superannuation. The petitioner is also claiming granting of all service benefits due to him, which were allegedly denied to him, as he was placed under suspension since 15. 1. 1997 and was eventually made to retire from service without ever being reinstated to his post.

(3.) BY order dated 15. 1. 1997, the petitioner who was discharging the responsibilities as a Cashier was placed under suspension in contemplation of a disciplinary proceeding. On the same date, an FIR was lodged in the West Agartala PS which led to registration of the West Agartala PS Case No. 10 of 1997 under Section 409 of IPC (converted later to GR Case No. 42 of 1997 ). The petitioner was tried in the Court of the learned Addl. CJM, West Tripura, Agartala and it would be appropriate to take note of the relevant portion of the charge on which the petitioner was tried.