Sri Sabyasachi Singh vs The State Of Tripura And 2 Ors
2023 Latest Caselaw 478 Tri

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                   HIGH COURT OF TRIPURA
                         AGARTALA

                       WP(C) No.542 of 2022
                              With
                       WP(C) No.178 of 2022


Sri Sabyasachi Singh
                                                           ....Petitioner(s)
                     Versus

The State of Tripura and 2 Ors.
                                                         ....Respondent(s)

For the Petitioner(s)             :     None
For the Respondent(s)             :     Mr. M. Debbarma, Addl. GA

             HON'BLE MR. JUSTICE ARINDAM LODH
                                Order

02/06/2023

Mr. M. Debbarma, learned Addl. GA for the respondents-State is

present.

This matter had been disposed of by a judgment and order dated

15.05.2023 passed by this Court. However, after few days, a

typographical error has been detected in the said judgment at paragraph

"14" at page "9" wherein, the word "not" in the sentence "the law

forbids the Disciplinary Authority not to hold fresh inquiry" has wrongly

been inserted out of inadvertence, which is corrected deleting the word

"not".

The entire sentence in paragraph "14" is to be read as under:

"Undoubtedly, the Disciplinary Authority is empowered to disagree with the findings of the inquiring authority and to pass an order of penalty or to remit the matter for further inquiry by the inquiring authority but, the law forbids the Disciplinary Authority to hold fresh inquiry. He may only pass an order for further inquiry when he finds a grave lacunae or procedural defects vitiating the first inquiry and not because of the fact that the first inquiry report had gone in favour of the delinquent/charged officer.

(emphasis supplied)"

This order shall form a part of the judgment and order dated

15.05.2023 passed in WP(C) No.542 of 2022 with WP(C) No.178 of

2022, titled as Sri Sabyasachi Singh vs. The State of Tripura and 2 Ors.

JUDGE

Snigdha