AMAL CHAKRABOURTY Vs. STATE OF TRIPURA

JUDGEMENT

(1.) Petitioner was serving as Upper Division Clerk in the Grant-in-Aid Section of the Director of School Educatioa He availed L.T.C. advance of Rs. 5,000/- (Rupees five thousand only) and on completion of the tour submitted final L.T.C. for an amount of Rs. 13,911.84 for the Block Year 1982-86 for his journey from Agartala to Kanyakumarika performed by the petitioner along with his family members. The said bill was examined by the concerned office and the bill has been passed by the Controlling Officer. A departmental proceeding was however, drawn against the petitioner vide Memo dated 5.8.85. Along with the Memo, the statement of Article of Charges have also been framed against the petitioner. Petitioner thereafter, submitted his written statement denying all the charges levelled against him. Inquiry was conducted by the Inquiry Officer and submitted its report on 29.1.87. The Inquiring Authority after recording the statement and after examining the documents found that the petitioner was not guilty of the 5(five) charges levelled against him. However, the Disciplinary Authority disagreed with the findings of the Inquiring Authority and proposed that the petitioner be dismissed from the service. By a Memorandum dated 15.10.87, petitioner was directed to submit a representation against the punishment proposed. Accordingly, petitioner by its representation dated 6.11.87 objected the proposed punishment.

(2.) Mention may be made that in the Memorandum dated 15.10.87, the Director of School Education stated that the charges against the petitioner that the petitioner submitted a false claim of LTC for the Block Year 1982-86 for reimbursement of the amount of expenses incurred by the petitioner for travelling from Agartala via Dharmanagar and Howrah to Kanyakumarika by train in the 1st class compartment is established. It was further alleged that the petitioner did not travel by train in the 1st class. While recording this finding by the Disciplinary Authority has relied on the letters sent by the Station Manager, Dharmanagar Station and Superintendent, Howrah Station showing that the petitioner did not travel by 1st class train between Dharmanagar Station and Howrah Station. On the other hand, it was confirmed by the Indian Airlines, Central Revenue Accounts, Safdarjung Airport, New Delhi that the petitioner along with his family members performed return journey from Calcutta to Agartala by Flight IC 237 but submitted a false claim of LTC for the Block Year 1982-86.

(3.) Aggrieved by the aforesaid Memorandum dated 27.9.87 holding the petitioner guilty by the Disciplinary Authority, petitioner, submitted a review petition to the Appellate Authority stating inter alia that one Shri Bandhu Gopal Bhowmik, U.D. Clerk had also performed the journey along with the petitioner by 1st Class train with the petitioner from Howrah to Kanyakumarika and returned to Howrah. The Disciplinary Authority also found guilty of Shri Bandhu Gopal Bhowmik but an appeal being preferred by the said Bandhu Gopal Bhowmik, the Appellate Authority has set aside the order of punishment passed against Shri Bandhu Gopal Bhowmik by the Disciplinary Authority. However, the appeal preferred by the petitioner has been rejected by the Appellate Authority. It is alleged that a different order has been passed by the Appellate Authority on the same set of evidence.