Mr. P. Roy Barman vs Mr. D. Sharma
2022 Latest Caselaw 1117 Tri

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                        HIGH COURT OF TRIPURA
                             AGARTALA

                         WA NO.211 OF 2022

Sri Surasen Tripura
Vs.
The State of Tripura and ors.

         HON'BLE THE CHIEF JUSTICE (ACTING)
       HON'BLE MR. JUSTICE S.G. CHATTOPADHYAY

Present:
For the Petitioner(s)          : Mr. P. Roy Barman, Sr. Advocate.
                                 Mr. K. Nath, Advocate.

For the Respondent(s)          : Mr. D. Sharma, Addl. G.A.

20.12.2022

Order

This instant writ appeal has been filed as per provisions of

Rule 2(2) of the Chapter VA of Gauhati High Court Rules as

applicable to the High Court of Tripura against the judgment and

order dated 03.11.2022 passed by the learned Single Judge in

WP(C) No.09 of 2022.

Heard learned counsel appearing for both parties.

The afore-mentioned writ petition was filed before this

Court challenging the order of the Disciplinary Authority which

was confirmed by the Appellate-Authority. The impugned writ

petition was dismissed confirming the order passed by the

Appellate-Authority. Aggrieved thereby, the present writ appeal

has been filed.

A fair reading of the order in the said appeal by the

Appellate Authority confirming the punishment imposed by the

Disciplinary Authority reveals that it is a non-speaking order and

the same does not deal with any of the contentions which have

been raised in the appeal.

In view of the same, the order in the appeal dated 9th

October 2021 is set aside, and, consequentially, the judgment

and order dated 03.11.2022 passed in the WP(C) No.09 of 2022

is also set aside. The matter is remanded back to the Appellate

Authority to decide the case in accordance with the law and for

passing a speaking order after giving an opportunity to the

appellant herein.

With the above observation and direction, this instant writ

appeal is disposed of.

             JUDGE               CHIEF JUSTICE (ACTING)




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