DHIRENDRA SUTRADHAR Vs. STATE OF TRIPURA

JUDGEMENT

(1.) By filing the instant writ petition under Article 226 of the Constitution of India, the petitioner has prayed for quashing/setting aside and/or cancelling the order dated 02.05.2006 issued by the Principal Chief Conservator of Forests, Government of Tripura (Annexure-H to the writ petition) whereby and whereunder the promotion of the petitioner to the post of Forest Ranger vide order dated 05.10.2002 has been cancelled and also for cancelling the Disciplinary Proceeding initiated against him by the Principal Chief Conservator of Forests, Government of Tripura vide Memorandum dated 30.8.2007 (Annexure-1 to the writ petition).

(2.) Heard Mr. B. Das, learned senior counsel assisted by Mr. D. Chakraborty, learned counsel for the petitioner as well as Mr. T. D. Majumdar, learned Addl. Govt. Advocate for the State respondents.

(3.) The factual matrix of the case in a nutshell is that the petitioner was appointed as Forest Guard under the Forest Department, Government of Tripura, on 02.12.1970 as a General Candidate (Annexure-B to the writ petition) and he was appointed as Forester (Grade-II) w.e.f. 01.08.1971(Annexure-C to the writ petition). Subsequently, on 29.06.1981 the petitioner submitted his Scheduled Castes category Certificate to the office for the first time. Thereafter, vide office order dated 05.10.2002 he was appointed to the post of Forest Ranger showing him under the SC category (Annexure-D to the writ petition). Thereafter, by an order dated 14.07.2004 (Annexure-E to the writ petition) issued by the Principal Chief Conservator of Forests, Government of Tripura, respondent No. 2 herein, the petitioner was placed under suspension and a disciplinary proceeding was contemplated against him. But ultimately, no proceeding was drawn up against him and the said order of suspension was revoked. So the petitioner was paid his full pay and allowances for the period of suspension. Thereafter, vide memorandum dated 20.08.2004 (Annexure-F to the writ petition) again a disciplinary proceeding was drawn up against the petitioner. An officer was appointed to enquire into the allegation who after hearing the parties and recording the evidence adduced by the parties submitted his report on 26.02.2007 (Annexure-J to the writ petition) holding that the allegations against the petitioner did not sustain. Meanwhile, by an order dated 02.05.2006 (Annexure-H to the writ petition) the promotion of the petitioner to the post of Forest Ranger was cancelled. Thereafter, by another order dated 28.07.2007 (annexure-G to the writ petition) the disciplinary proceeding drawn up against the petitioner was withdrawn stating, inter alia, that it has been made without prejudice to further action which was considered in the circumstances of the case including issue of fresh charge sheet in accordance with CCS (CCA) Rules, 1965. It is also contended in the writ petition that a further disciplinary proceeding was drawn up on 30.08.2007 against the petitioner on the same allegation without making any reference to the earlier proceeding. On receipt of the memo of the aforesaid proceeding, the petitioner submitted a representation to the respondent No. 2 on 15.10.2007 (Annexure-K to the writ petition) but without any result. To hold the enquiry in the said proceeding, another enquiry officer was appointed who accordingly issued notice to the petitioner. The petitioner made a representation to the enquiring authority stating, inter alia, that the said enquiring authority should not hold any enquiry as the said proceeding was not sustainable. Thereafter, the enquiring authority issued two notices on to the petitioner 16.01.2008 and 26.02.2008 asking him to appear before it for the purpose of enquiry. According to the petitioner, the respondent authorities have been committing gross illegality and irregularity by initiating proceeding one after another against him on the charge that he submitted a false SC certificate as according to him, the District Magistrate & Collector, West Tripura, Agartala after elaborate enquiry and being satisfied that he belonged to the SC community, issued the SC certificate. Against the said proceeding and the order of cancellation of his promotion to the post of Forest Ranger, the petitioner has filed the instant writ petition for quashing and setting aside the same as stated supra.