STATE OF TRIPURA Vs. SHANKAR CHANDRA DEV

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order dated 30. 3. 2000 passed by the learned Addl. District Judge, West Tripura in Title Appeal No. 24 of 1999.

(2.) THE plaintiff-respondent, who was working as Upper Division Clerk (UDC) in the Madhupur Class-XII School, Bishalgarh applied for non-refundable withdrawal of Rs. 4,000/- from his GPF account and the same being sanctioned by the Head of Office was withdrawn. Subsequently, the plaintiff, again on 12. 5. 91 applied for non-refundable withdrawal of Rs. 3,000/- for the treatment of his wife and accordingly the same was sanctioned by the Head Mistress of the said school. This amount was also withdrawn. Subsequently, it was noticed that the said amounts were withdrawn from the GPF number of two other employees of the said school. The plaintiff approached the authority for allowing him to refund the amount in instalments but, instead of allowing the plaintiff to deposit the said amount in instalments, the authority concerned had initiated a disciplinary proceeding against the plaintiff. Accordingly, the following two charges were framed against the plaintiff-respondent :-

(3.) AFTER completion of the departmental enquiry, the Inquiry Officer submitted his report holding the plaintiff guilty. The disciplinary authority, considering the inquiry report imposed the penalty of reducing the pay of the appellant by 5 stages i. e. from the scale of Rs. 1910 to Rs. 1660 to the scale of Rs. 1250-2890/- for a period of 5 years from the date of order. It was also ordered that the plaintiff would not earn any increment during the period of reduction of his pay.