Sri Nataraj Datta vs The State Of Tripura And Others
2021 Latest Caselaw 791 Tri

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                      HIGH COURT OF TRIPURA
                            AGARTALA
                       Review Petition No.27/2021

Sri Nataraj Datta
                                                              ----Petitioner(s)
                                        Versus
The State of Tripura and others
                                                           -----Respondent(s)

For Petitioner(s) : Mr. P. Roy Barman, Sr. Advocate, Mr. Samarjit Bhattacharjee, Advocate, Mr. Kawsik Nath, Advocate.

For Respondent(s) : Mr. Dipankar Sarma, Addl. G.A.

HON'BLE THE CHIEF JUSTICE MR. AKIL KURESHI

Order

26/08/2021

Petitioner seeks recall and review of a judgment dated

06.08.2021 rendered in WP(C) No.90 of 2020. In the petition the petitioner

had challenged a departmental inquiry instituted by the competent authority

primarily on the ground that the petitioner had made false statements in an

affidavit filed before the Court on the basis of which the petitioner of the

said proceedings got undue advantage. The case of the petitioner was that he

had not made any misstatements and that he was only guided by the official

documents and notings of the superiors. In the judgment under consideration

I had come to the conclusion that these are disputed questions and cannot be

judged even before the departmental inquiry is completed. Accordingly, the

petition was dismissed.

In arguing this review petition, learned senior counsel Mr. P.

Roy Barman drew my attention to a detailed judgment of a learned Single

Judge dated 15.07.2020 in Review Petition No.75 of 2019 in WP(C) No.503

of 2019. My attention was drawn to certain observations made in the said

judgment regarding the nature of the affidavit filed by the petitioner and the

reasons for the statements made therein. However, this review petition arose

in an entirely different background. It was the petition filed by the State

Government seeking recall of the judgment in WP(C) No.503 of 2019 in

which the petitioner therein was given the benefit of regularization and

regular pay scale on the basis of the affidavit filed by the petitioner herein.

According to the State Government those statements were not accurate and

that action was also initiated against the petitioner for such statements.

As can be seen, the focal issue in the said review petition was

not the allegations against the petitioner which form part of the departmental

proceedings. The question was whether the Court should recall and review

its earlier judgment granting certain benefits to the petitioner of WP(C)

No.503 of 2019. Any observations made in the review judgment, therefore,

can at best be relevant consideration in the course of departmental

proceedings, cannot be the basis of setting aside the departmental inquiry.

In the result, review petition is dismissed.

Pending application(s), if any, also stands disposed of.

(AKIL KURESHI), CJ

Pulak