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Tripura High Court · body

2016 DIGILAW 151 (TRI)

Tapash Karmakar son of Manindra Karmakar of Santi Pally v. State of Tripura, Represented by the Principal Secretary, Department of Education

2016-07-19

U.B.SAHA

body2016
JUDGMENT AND ORDER : The instant writ petition is filed by the petitioner for quashing the impugned letter dated 06.05.2015 issued by the General Manager, Tripura Other Backward Classes Co-operative Development Corporation, the respondent No. 6 herein, whereby and whereunder, the respondent No. 6 requested the respondent No. 4 to arrange the remittance of the loan money amounting to Rs. 7,000/- per month from the salary of the petitioner. 2. Heard Mr. D. Dutta, learned counsel appearing for the petitioner. Also heard Ms. A. S. Lodh, leanred Addl. G.A. appearing for the respondent Nos. 1-5, Mr. P. K. Pal, learned counsel appearing for the respondent Nos. 6 and 8 and Mr. T. Debbarma, learned counsel appearing for the respondent No. 7. The brief facts, needed to be discussed, are as follows: 3. The petitioner, a Government Teacher working at Kawamaraghat High School (Primary Section), Amarpur, stood as a guarantor against the loan amounting to Rs. 2,85,000/- taken by Sri Asish Debnath, the respondent No. 7 herein. When the respondent No. 7 failed to repay the loan amount, the respondent No. 6, The General Manager, OBC Co-operative Development Corporation, issued a letter to the respondent No. 4 on 06.05.2015 wherein the said authority requested the respondent No. 4 for making the arrangement to remit the loan money @ Rs. 7,000/- from the salary of the petitioner and the said deducted amount shall be remitted to the respondent No. 8. 4. Bering aggrieved by the aforesaid impugned letter dated 06.05.2015, the petitioner filed the instant writ petition. As agreed to by the learned counsel appearing for the parties, the instant writ petition is taken up for disposal at this admission stage even without any counter as the similar matter was disposed of by this Court earlier in WP(C). No. 355 of 2011. 5. Mr. Dutta, learned counsel for the petitioner while urging for the reliefs sought for, submits that before issuance of the impugned letter, the respondent Co-operative Development Corporation did not take any steps for recovery of the loan amount from the loanee i.e. the respondent No. 7 and without doing so, they have issued the impugned letter which is not permissible under law. 6. Ms. Lodh, learned Addl. G.A., while resisting the contention of Mr. 6. Ms. Lodh, learned Addl. G.A., while resisting the contention of Mr. Dutta, would contend that the petitioner before approaching the respondent Authority approached this Court by way of filing the instant writ petition and on that count alone, the writ petition is not maintainable. She also submits that the entire writ petition can be disposed of with a simple direction to the petitioner to first approach the respondent No. 6, the General Manager of OBC, Co-operative Development Corporation and if he is aggrieved by the order of the said authority, then he may approach the appropriate authority in accordance with law. 7. Mr. P.K. Pal, learned counsel appearing for the respondent Nos. 6 and 8 while supporting the action of the respondent No. 6 submits that the action has been taken by the respondent Co-operative Development Corporation against the petitioner as per the agreement. 8. This Court has gone through the contention made in the instant writ petition. It is admitted position that before approaching this Court, the petitioner did not approach the appropriate authority raising his grievances. Therefore, according to this Court, it would meet justice if the petitioner is directed to submit a representation to the respondent No. 6 giving copy to the respondents No. 2-5 and the respondent No. 6 upon receipt of the said representation from the petitioner, shall dispose of the same within one month by a speaking order and till then, there shall be no recovery from the salary of the petitioner in terms of the impugned letter dated 06.05.2015 (Annexure-A to the writ petition) by the respondent No. 4. Accordingly, it is ordered. With the above, the instant writ petition is disposed of. A copy of this order be furnished to the learned counsel appearing for the parties.