Sri Surajit Chakraborty vs The State Of Tripura
2021 Latest Caselaw 122 Tri

Citation : 2021 Latest Caselaw 122 Tri
Judgement Date : 5 February, 2021

Tripura High Court

Sri Surajit Chakraborty vs The State Of Tripura on 5 February, 2021

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                     HIGH COURT OF TRIPURA
                           AGARTALA
                           WP(C) No.1356/2019
Sri Surajit Chakraborty, S/O -Lt. Sukumar Chakraborty, resident of A.D.
Nagar, Road No. 1, within Sadar, Agartala, PS. A.D. Nagar, District -
Tripura West.
                                                        ----Petitioner(s)
                                    Versus
1. The State of Tripura, Represented by the Secretary, Food, Civil Supplies
& Consumer Affairs to the Govt. of Tripura, New Capital Complex, PS.
New Capital Complex, Agartala, Tripura West, PIN 799010.

2. The Secretary, Director, Food, Civil Supplies and Consumer Affairs, to
the Govt. of Tripura, New Capital Complex, PS. New Capital Complex,
Agartala, Tripura West, PIN - 799010.

3. Additional Secretary & Director, Director, Food, Civil Supplies &
Consumer Affairs Department, Govt. of Tripura, Pandit Nehru Complex,
Gorkhabasti, Agartala, District - Tripura West.

4. Sub-Divisional Magistrate, Sepahijala District, Sonamura, PS. Sonamura,
Tripura.
                                                         -----Respondent(s)

For Petitioner(s) : Mr. D.R. Choudhury, Advocate. For Respondent(s) : Mr. Debalay Bhattacharjee, G.A.

HON'BLE THE CHIEF JUSTICE MR. AKIL KURESHI Date of hearing and judgment : 5th February, 2021.

      Whether fit for reporting         : NO.

                    JUDGMENT & ORDER (ORAL)

This petition needs to be disposed of on a short ground.

Petitioner was appointed as a Store-Keeper when a charge-sheet was issued

to him alleging that he was responsible for missing stock of rice valued at

Rs.8,72,937/-. The inquiry officer held that the charge was not proved.

However, the disciplinary authority one Dr. D. Basu, IAS, Additional

Secretary and Director, Food, Civil Supplies and Consumer Affairs

Department first issued a show-cause notice why the inquiry officer's report

be not accepted and recovery of the said amount be not made from the

petitioner and thereafter after taking into consideration the petitioner's

representation passed order dated 26.10.2018 by which he imposed

following punishments:

"(i) Recovery of the amount of pecuniary loss to the tune of Rs.6,38,277/- (Rupees six lakh thirty-eight thousand two hundred seventy-seven) only by allowing 0.5% shortage (in place of Rs.8,72,937/-), in monthly installment @ 1/3rd of his basic pay from the month of December, 2018 payable in January, 2019 from said Sri Surajit Chakraborty, Jr. Store- Keeper. The monthly recovery amount needs to be credited/transferred to the Cash Credit Account like Sale Proceeds every month till full recovery.

(ii) Withholding of minimum 1(one) periodical future increment of Sri Surajit Chakraborty, Jr. Store-Keeper that would fall due after passing of this order for 1(one) year without cumulative effect."

2. The petitioner preferred appeal to the Government against the

said order of the disciplinary authority. By the time this appeal was taken up

for hearing, Dr. D. Basu who had passed the order of punishment, was the

Secretary of Government of Tripura and he in the capacity of the appellate

authority dismissed the appeal of the petitioner.

3. On the most fundamental ground of breach of principles of

natural justice, the appellate order dated 26.09.2019 must be set aside. The

disciplinary authority which had imposed the punishment, could not have

decided the petitioner's appeal. If Dr. D. Basu had incidentally become the

Secretary and, therefore, an appellate authority as per the rules, he ought to

have withdrawn from hearing of the appeal and instead the Government

should have appointed some other ad hoc appellate authority. In any case, no