The Tripura High Court dismissed a Writ appeal filed against the judgment and award dated 20.03.2020 passed by the learned Single Judge.
Brief Facts:
As a result of adverse entries in his ACRs for the years 2010-11, and 2011-12 and grading below the benchmark for the year 2012-13, the appellant was denied promotion to the next higher grade of Tripura Civil Services namely ‘TCS Selection Grade’ and he was also superseded by his juniors.
The appellant filed a petition in 2015 in which the learned Single Judge held that the petitioner should have been given a reasonable opportunity of filing representation against the downgrading in his ACR for the year 2012-13 and representation made by him for adverse remarks in his ACRs for the years 2010-11 and 2011-12 should have been considered by the authorities concerned. In terms of the said judgment, the appellant made a representation to the Chief Secretary to the Government of Tripura. In view of such representation, the state respondents took a fresh decision and issued the memorandum dated 26.06.2018.
Subsequently, on 13.08.2018 the appellant filed another representation to the Chief Secretary to the Government of Tripura to which the respondents informed the petitioner that the said representation introduced no new fact and as such the earlier decision taken by the state Government stands good. Aggrieved by this, a writ petition was filed by the appellant which was dismissed. Hence, this appeal.
Contentions of the Appellant:
The Learned Counsel for the appellant contended the appellant was not given any opportunity of hearing before the adverse entries were made in his ACRs for the year 2010-11, 2011-12 and ‘GOOD’ grading in his ACR for the year 2012-13 which according to him was also an adverse entry.
Observation of the Court
The Court observed that the appellant was given the full opportunity of making representations against the entries made in his ACR. The appellant also submitted representations which were duly considered by the state respondents and the decisions were also duly communicated to the appellant.
The Court observed that the learned Single Judge did not err in holding that there is no legal backing to the claim that the appellant should have been given an opportunity of hearing even before the adverse entries were made in his ACRs for the years 2010-11 and 2011-12.
The decision of the Court:
The Tripura High Court dismissed the appeal and upheld the order of the Single Judge.
Case Title: Suresh Ch. Das v. The State of Tripura and Anr.
Coram: Hon’ble Mr. Justice Arindam Lodh and Hon’ble Mr. Justice S. G. Chattopadhyay
Case no.: WRIT APPEAL NO. 241 OF 2020
Advocate for the Appellants: Mr. S.K. Deb, Sr. Adv., and Mr. S.C.Das, Adv
Advocate for the Respondents: Mr. D.Bhattacharjee, GA.
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