Tripura High Court
Sri Shib Sankar Datta vs The State Of Tripura & Others on 31 March, 2023
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HIGH COURT OF TRIPURA
AGARTALA
WP(C) No.175/2023
Sri Shib Sankar Datta
.........Petitioner(s).
VERSUS
The State of Tripura & others
.........Respondent(s).
For Petitioner(s) : Mr. Biswanath Majumder, Advocate.
For Respondent(s) : Mr. A.K. Deb, Advocate.
HON'BLE THE CHIEF JUSTICE (ACTING)
Order
31/03/2023
Heard Mr. Biswanath Majumder, learned counsel appearing
for the petitioner. Also heard Mr. A.K. Deb, learned counsel appearing
for the respondents.
2. This instant writ petition has been filed under Article 226 of
the Constitution of India seeking a direction to the respondents to
comply with the order dated 23.05.2022 passed by this Court in WP(C)
No.715 of 2021.
3. Petitioner has prayed for the following reliefs:
"(i) Admit this petition.
(ii) Issue Notice upon the respondents to show cause
as to why a writ of mandamus directing/mandating the
respondents to comply with the order dated 23.05.2022,
passed by this Hon'ble Court in case no. WP(C) 715 of
2021, and allow the petitioner to join into the service
w.e.f. 09.09.2020, be not issued.
(iii) Call for the records relating to case no. WP(C) 715
of 2021 from the Hon'ble High Court of Tripura.
(iv) Cost of an incidental thereto.
(v) And/or pass any Order/Orders direction/directions
Relief/Reliefs as your Lordship may deem fit and proper."
4. The case of the petitioner, in brief, is that the petitioner was
serving as Constable of Police in the Traffic Unit under the Department
of Home Affairs, Government of Tripura and while in service, a
disciplinary proceeding was initiated against him and was put under
compulsory retirement from service vide order dated 09.09.2020 due to
the charge of willful absence from duty without valid permission from
the authority. Petitioner challenged the said order by preferring
departmental appeal which was also dismissed by the appellate
authority. Being dissatisfied with these orders, petitioner filed a writ
petition being WP(C) No.715 of 2021 before this Court and the learned
Single Judge vide order dated 23.05.2022 disposed of the said petition
by remanding back the matter directing the respondents to pass fresh
order within two months on filing of representation by the petitioner, but
the respondent-authority did not comply with the said order. Aggrieved
thereby, the petitioner has approached this Court by filing this writ
petition. Hence, this case.
5. On perusal of the record, it is apparent that on 10.08.2022
petitioner has submitted a representation before the disciplinary
authority for accepting his joining in service. But the Superintendent of
Police (Traffic) being the disciplinary authority by a communication
dated 18.08.2022 informed the petitioner to submit his representation
according to the order of the Hon'ble High Court and on submission of
the same, the respondent authority will issue an order based on the order
of the Hon'ble High Court. On perusal of the said letter dated
18.08.2022, this Court finds that this is only a communication by the
respondents directing the petitioner to file a representation in the light of
the judgment passed by this Court on 23.05.2022 to which the petitioner
has not filed any representation and accordingly, a reminder dated
18.08.2022 is made by the respondent addressed to the petitioner. This
Court finds that there is no reason how the petitioner is aggrieved by the
said communication.
6. Accordingly, the writ petition is dismissed. The petitioner is
at liberty to comply with the proceedings dated 18.08.2022, if so
advised.
Pending application(s), if any, also stands disposed of.
CHIEF JUSTICE (ACTING)
Pulak
