Mr. T.D. Majumder vs Mr. Mangal Debbarma
2021 Latest Caselaw 574 Tri

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                      HIGH COURT OF TRIPURA
                            AGARTALA
                            WP(C) No.393/2021

For Petitioner(s)                : Mr. T.D. Majumder, Sr. Advocate,
                                   Mr. T. Halam, Advocate.
For Respondent(s)                : Mr. Mangal Debbarma, Addl. G.A.

HON'BLE THE CHIEF JUSTICE MR. AKIL KURESHI

Order

20/05/2021

The petitioner is served with a departmental charge-sheet dated

21.08.2020. For the same alleged incident the CBI has also filed a charge-

sheet against the petitioner and the petitioner is shown as accused no.5 in the

said criminal case. The petitioner applied to the appointing and disciplinary

authorities for suspension of departmental inquiry pending criminal case.

According to the petitioner, the departmental inquiry as well as the criminal

case related to the same incident, the evidence relied upon is also identical

and the case involved complicated questions of facts and law. Under the

circumstances, the petitioner was compelled to participate in the

departmental proceedings, he would be forced to disclose his defence which

would prejudice him in the criminal trial.

Learned counsel for the petitioner pointed out that under

similar circumstances, in case of co-accused and co-delinquent Sri Amit

Debbarma this Court in the judgment dated 11.02.2021 passed in WP(C)

No.1201 of 2019 has stayed the departmental proceedings till completion of

the criminal trial while directing early disposal of the criminal case.

Notice for final disposal, returnable for 24.06.2021.

Learned Addl. Government Advocate Mr. Mangal Debbarma

waived notice on behalf of the respondents.

By way of ad-interim relief, it is provided that the departmental

inquiry against the petitioner in relation to the charge-sheet dated

21.08.2020 shall not proceed further.

(AKIL KURESHI), CJ

Pulak