LAWS(GAU)-2009-8-14

GOUTAM SENGUPTA Vs. STATE OF TRIPURA

Decided On August 19, 2009
Goutam Sengupta Appellant
V/S
STATE OF TRIPURA Respondents

JUDGEMENT

(1.) BY this writ petition, the writ petitioner, who had already retired from service on superannuation on 30. 04. 2008, is assailing the order of the Director of Fisheries, Government of Tripura (disciplinary authority) dated 04. 09. 2008, who disagreed with the report of the Inquiry Officer dated 24. 11. 2008 that the charges against the writ petitioner held not proved, deciding to conduct further enquiry without giving opportunity to the present writ petitioner for the incident, which took place during the period from 22. 04. 1991 to November, 1992 and also the corrigendum dated 09. 03. 2006 for deleting the words "the entire period of suspension will be treated as on duty" appearing in the order dated 19. 01. 2006, for reinstating him (writ petitioner) in service by revoking the suspension order.

(2.) HEARD Mr. Somik Deb as well as Mr. B. N. Majumder, learned counsels appearing for the petitioner as well as Mr. T. D. Majumder, learned Additional Government Advocate appearing for the respondents.

(3.) THE Director of Fisheries (disciplinary authority), Government of Tripura, issued order being No. F. 2-391 (P)/fish, Agartala, dated 19. 01. 2006, in exercise of powers conferred by Clause (C) of Sub-rule (5) of Rule 10 of the CCS (CCA) Rules, 1965 for revoking the said suspension order of the petitioner dated 12. 11. 1992 with immediate effect and posted him under the Deputy Director of Fisheries, North Tripura, Kumarghat and also that the entire period of suspension will be treated as on duty. The said order of the disciplinary authority dated 19. 01. 2006 (Annexure-A/2 to the writ petition) reads as follows :-