Tripura High Court
Present vs For The on 10 August, 2023
HIGH COURT OF TRIPURA
AGARTALA
WP(C) 514 OF 2021
Dr. Manash Dev Vrs. The State of Tripura & 2 Ors.
Present:
For the petitioner(s) : Mr. C.S. Sinha, Advocate.
For the respondent(s) : Mr. D. Bhattacharya, G.A.
Mr. S. Saha, Advocate.
HON'BLE MR.JUSTICE ARINDAM LODH
10.08.2023
Order
Heard Mr. C.S. Sinha, learned counsel appearing for the
petitioner. Also heard Mr. D. Bhattacharya, learned G.A. assisted by Mr. S.
Saha, learned counsel appearing for the State-respondents.
By way of filing the present writ petition, the petitioner has
sought for re-fixation of his seniority. His grievance is that his juniors were
made senior to him due to some penalty imposed upon him.
Mr. Sinha, learned counsel appearing for the petitioner has
submitted that the penalty imposed by the disciplinary authority and the
appellate authority had been quashed by this court when it was challenged
under Article 226 of the Constitution of India.
There is no denial that the penalty imposed upon the petitioner
had been quashed by this court. However, Mr. Bhattacharya, learned G.A.
appearing for the State-respondents has submitted that the petitioner was
censured.
In view of the aforesaid submissions, I would like to refer the
Office Memorandum dated 3rd November, 1995 issued by the Ministry of
Personnel, Public Grievance & Pensions (Department of Personnel and
Training), Government of India, which reads as under:
No.2001/2/92-Estt.(D)
Government of India
Ministry of Personnel, Public Grievances & Pensions
(Department of Personnel and Training)
New Delhi, the 3rd Nov.,1995
OFFICE MEMORANDUM
Subject: Fixation of seniority in the case of delayed promotion due to
penalty.
The undersigned is directed to refer to the instructions contained in
DoP & ARO.M. No.21/5/70-Estt.(A) dated 15.5.71 (reiterated vide O.M.
No.22011/2/78-Estt.(A) dated 16.02.1979) according to which a Govt.
servant on whom a minor penalty of withholding of increment etc. has been
imposed should be considered for promotion by the DPC which meets after
the imposition of said penalty and if he is considered fit for promotion
despite imposition of penalty, the promotion may be given effect to after the
expiry of the penalty. References have been received from various
Departments seeking clarification on the question of seniority of such
officers on their promotion.
It is clarified that the officer who has been recommended for
promotion by a DPC despite his penalty will be promoted only on the basis
of the recommendation of the said DPC after the expiry of the penalty and
his seniority would be fixed according to his original position.
Sd/-
(K.K.Jha)
Director (E)"
This court had passed a judgment and order dated 20.02.2020 in
connection with Case No.WP(C) 860/2019 filed by this petitioner, wherein, it
was observed that-"In facts of the present case, therefore, as an exceptional
case, the punishment of withholding of two increments with cumulative effect
is set aside, instead the punishment of censure is substituted."
In view of the above direction and the Office Memorandum dated
3rd November, 1995, I direct the respondents to reconsider the prayer for
fixation of seniority of the petitioner, if he is found fit and eligible otherwise
to claim his seniority.
While determining his seniority position, the respondents shall
also take into consideration that the persons who had been superseded and
have not been impleaded in this writ petition.
With the aforesaid observations and directions, the instant writ
petition stands disposed.
JUDGE
SANJAY GHOSH Digitally signed by SANJAY GHOSH
Date: 2023.08.11 15:08:54 +05'30'
