Mr. Somik Deb vs Mr. M. Debbarma
2021 Latest Caselaw 1203 Tri

                          HIGH COURT OF TRIPURA
                                AGARTALA
                             WP(C)No.364 of 2021
For Petitioner(s)                 : Mr. Somik Deb, Sr. Adv.
For Respondent(s)                 : Mr. M. Debbarma, Addl. G.A.

Ms. P. Dhar, Adv.

HON'BLE MR. JUSTICE S. TALAPATRA

Order

03/12/2021

Mr. Atanu Dewanji, Deputy Secretary to the Government of Tripura,

Finance Department shall appear in person before this Court to clarify para-5 of

the reply filed by the respondents No.1 and 2. It is also not clear from the reply

what happened to the Amendment Rules as sent by the Chief Justice of this

Hon'ble High Court for concurrence of the Hon'ble Governor. A strange reply has

been received from the respondents No.1 and 2. It is stated that "the said

amendment rule may be available with the Law Department."

Mr. M. Debbarma, learned Addl. G.A. is representing the respondents

No.1 and 2 in the proceeding.

This Court would like to refer the statement made by the

respondents No.3, 4 and 5 in their reply which reads as follows :

"Thus, it is humbly submitted by the answering respondents that they have duly complied with the order of the Hon'ble Court mentioned in paragraph No.15 of the Judgment dated 02.09.2019 passed in WP(C)No.611 of 2019 by re-submitting the proposed "Amendment Rule" to the Law Department for obtaining concurrence of the Governor. However, till date no response has been received by the answering Respondents from the State Government regarding the concurrence of Hon'ble Governor to the proposed "Amendment Rules". Order dated 02.09.2019 within a reasonable time not exceeding three months there from in absence of any set timelines, is unwarranted for as clear timelines were already set by the Hon'ble Court in its Judgment and Order dated 02.09.2019."

In addition, the Secretary, Law Department shall also appear in

person on that day.

It is really surprising that the State is taking a carrot and stick policy

in respect of placing the correct position of fact which are essentially relevant for

decision in this matter. If required, the state may also file an additional affidavit by

the next date.

List the matter on 06.12.2021.

Mr. Somik Deb, learned senior counsel appears for the petitioners.

Ms. P. Dhar learned counsel appears for the respondents No.3, 4 and

A copy of the order be sent to the Secretary, Law Department in the

course of the day.

JUDGE

Sabyasachi B