Tripura High Court
Sri Subrata Debnath vs The State Of Tripura And Others on 19 March, 2021
Page 1 of 4
HIGH COURT OF TRIPURA
AGARTALA
W.P. (C) No.751/2018
Sri Subrata Debnath
.....Petitioner(s)
Versus
The State of Tripura and others
.....Respondent(s)
For Petitioner(s) : Mr. Arijit Bhaumik, Advocate.
Mr. S. Dey, Advocate.
For Respondent(s) : Mr. H. Sarkar, Advocate.
HON'BLE THE CHIEF JUSTICE MR. AKIL KURESHI
Date of hearing and judgment : 19.03.2021.
Whether fit for reporting : No.
JUDGMENT & ORDER (ORAL)
Petitioner has challenged an order dated 13.07.2018 passed by the
Director of Secondary Education, operative portion of which reads as
under:
"It is therefore, ordered that the period of absence w.e.f.
24-08-2017 to 09-01-2018 (i.e., 139 days) is hereby by treated
as DIES NON for all purposes (i.e., Pension, leave, increment
etc). This will not however, entail forfeiture of his past service
prior to 24-08-2017.
Sri Subrata Debnath, G/T is further cautioned not to
repeat such practice in future and he has to apply for leave to
the competent authority properly and get it sanctioned before
enjoying the same in future."
2. Briefly stated the facts are that at the relevant time, the petitioner
was working as a Graduate Teacher in Government school. By an order
dated 10.08.2017 passed by the Director of Elementary Education, he was
transferred from Subhasnagar H.S. School, Sadar, West Tripura to Dakshin
Bejimara S.B. School under Sonamura Sub-Division. He gave leave report
but did not join the place of transfer. Instead he made a representation to
the authorities on 16.11.2017 in which in addition to raising grounds of
personal hardships, he also contended that the Director of Elementary
Education was not the authority competent to transfer him. On 09.01.2018,
Director of Secondary Education issued an order modifying the transfer of
the petitioner to Debipur H.S. School, Bishalgarh. The petitioner promptly
reported at the new place of posting.
3. However, since the petitioner had not reported for duty at Dakshin
Bejimara S.B. School, the authorities issued a show cause notice on
17.03.2018 why the period between 24.08.2017 to 09.01.2018 consisting
of 139 days should not be treated as "Dies Non" for all purposes and also
why disciplinary action should not be initiated against him. The petitioner
replied to the show cause notice requesting that the proceedings be
dropped. He stated that he was unwell and his leave may be sanctioned.
4. The authority rejected the petitioner's request of medical treatment
and thereafter proceeded to pass the impugned order treating the entire
period of absence as "Dies Non" for all purposes.
5. The effect of this order would be that the entire phase of 139 days
would be obliterated from the service record of the petitioner for benefits
such as pension, gratuity, increments etc. In facts of the present case, I am
inclined to reverse this order to the limited extent of its effect on the
petitioner's future service. Counsel for the petitioner clarified that the
petitioner does not even press for any part of the salary for the period of
absence. However, the action of wiping out the entire period for all
purposes would be very harsh and in any case will amount to a penal
action which cannot be taken without a departmental inquiry.
6. When the petitioner had pointed out that the order of transfer as
passed by an authority, who was not competent and when on the basis of
such representation, the Director of School Education was prompted to
modify the petitioners transfer order, his inability to report to the place of
transfer after submitting leave reports, may be taken into consideration
while passing final order. Since the petitioner is not pressing for salary for
the intervening period, in the interest of justice, it would be appropriate to
provide that the period of absence would not qualify for any salary,
nevertheless shall be regularized for all other purposes including pension,
gratuity, leave encashment and increments due.
7. Impugned order is modified accordingly. Petition is disposed of.
Pending application(s), if any, also stands disposed of.
(AKIL KURESHI), CJ
sima
