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Tripura High Court · body

2017 DIGILAW 145 (TRI)

Nayan Das, son of late Sukhen Ch. Das v. State of Tripura, represented by the Commissioner of Food, Civil Supplies & Consumer Affairs, having his office at New Capital Complex

2017-03-03

S.TALAPATRA

body2017
JUDGMENT & ORDER : Heard Mr. D. Deb, learned counsel appearing for the petitioner as well as Ms. A.S. Lodh, learned Addl. G.A. appearing for the respondents. 2. In terms of the order dated 01.03.2017 by this Court, Ms. A.S. Lodh, learned Addl. G.A. appearing for the respondents has placed a written instruction fromthe competent authority which shows interalia as under: “It may be submitted that the main constraint to complete the DP against the AO is providing some additional documents to the AO which is sought by him. The aforesaid documents are in the possession of the Ld. Court of CJM, Belonia, South Tripura in connection with a criminal case No. GR 418/2008. The department are in constant touch with the SDM, BLN as well as the Ld. Court of CJM, Belonia, South Tripura through the APP, Belonia, South Tripura. It is learnt that since the documents are voluminous in nature, it is taking more time to make over the certified copies of such documents after maintaining proper procedure. In this regard, communication dated 02.03.2017 of the APP, Belonia may kindly be seen on the file. ” From the APP’s note dated 02.03.2017, it appears that those certified copies would be available within 15 days. 3. There is no dispute that the petitioner herein has been facing the departmental inquiry being a delinquent officer and he sought some additional documents which was seized by the police in connection with the criminal investigation emerging from the same transactions but copies of those documents, according to the respondents, could not be furnished to the petitioner as the concerned court did not provide the certified copies for the reason that the rule does permit the said court to provide such certified copies then, but now the APP, Belonia has written to the competent authority that within 15(fifteen) days or so, the certified copies would be available. Earlier, the petitioner had approached this court by filing a writ petition being W.P.(C) No.143 of 2013 for expediting the departmental proceeding. Earlier, the petitioner had approached this court by filing a writ petition being W.P.(C) No.143 of 2013 for expediting the departmental proceeding. By the order dated 06.06.2013, the said writ petition was disposed of with the following direction: “Considering the entire facts and circumstances, the instant writ petition is disposed of with a direction to the respondent No.2 for completing the disciplinary proceeding being case No.153/Inq/Food/09 within a period of six months after providing the certified copies of the additional documents, as sought for by the petitioner. We hope and trust that the disciplinary authority will take up the matter with the enquiring authority as well as with the prosecution for certified copy of the additional documents, as prayed for, by the petitioner and also for completion of the disciplinary proceeding within the aforesaid stipulated period. If the disciplinary proceeding is not completed within six months, then the petitioner is at liberty to approach this court, if so advised. With the aforesaid order the instant writ petition is disposed of.” After 6(six) months of passing of the said judgment, the petitioner has approached this Court. More than three and half years have elapsed in the meanwhile but the disciplinary proceeding did not advance a further step. This speaks of a sorry state of affairs. The plea that has been raised is hardly appreciable by this court. It shows clear lack of intra departmental coordination. The petitioner has been charged with the following imputation by the memorandum dated 26.02.2009, Annexure3 series to the writ petition: “STATEMENT OF ARTICLE OF CHARGE FRAMED AGAINST SHRI NAYAN DAS, INSPECTOR (FOOD), RAJNAGAR GOVT. FOOD GODOWN (NOW POSTED AT SABROOM SUBDIVISION) UNDER BELONIA SUBDIVISION, SOUTH TRIPURA: ARTICLE OF CHARGE-1 That, Shri Nayan Das while in the charge of Rajnagar Govt. Food Godown, Belona Sub-Division in the South Tripura District during the period from 15.12.2004 to 21.09.2007 exhibited gross dereliction of duty, absolute carelessness, lack of integrity and devotion to duty entrusted with him by way of not maintaining the books of accounts and other records properly thereof in the manner prescribed/instructed by the competent authority which is unbecoming on the part of a Government servant and amounts to gross misconduct. By resorting to such activities with malafide intention to derive personal benefit, said Shri Nayan Das, Inspector (Food) misappropriated 40578.035 kg rice, money value of which comes to Rs.3,85,494/- (Rupees three laks eighty five thousand four hundred nine-four) only. These sorts of activities on the part of said Shri Nayan Das, Inspector (Food) of Rajnagar Govt. Food Godown attract Rule3 of Tripura Civil Services (Conduct) Rules, 1998 and action thereof under Central Civil Services (Classification, Control & Appeal) Rules, 1965.” [Emphasis added] The respondents have clearly stated that the departmental proceeding did not get clogged for any lapses of the petitioner or for any deliberate act from his end. 4. In that view of the matter and having due regard to the directions issued in the earlier writ petition, this writ petition is disposed of with the following direction: If within a period of 6(six) months the departmental proceeding cannot be brought to its logical end, the petitioner shall stand automatically exonerated from the charge and he shall be entitled to all the benefits that have been denied to him for pendency of the departmental proceeding. Before parting, however, it is clarified that the petitioner shall extend all cooperation and he shall not seek for any adjournment without any compelling reason. There shall be no order as to costs.